Is the landlord responsible if I got hurt on his property

I fell oct 2017 on a defected driveway
that he was aware of and I have surgery
March 20th

Asked on March 8, 2018 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The landlord is liable for your injury because it occurred on the premises.  Notify the landlord and the landlord's insurance carrier in writing of your personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss.  Your personal injury claim filed with the landlord's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the landlord's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the landlord's insurance carrier, reject the settlement offers and file a lawsuit against the landlord based on premises liability.
If the case is NOT settled, your lawsuit against the landlord must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
CA has a two year statute of limitations for filing a lawsuit in a personal injury case.  This means the lawsuit must be filed prior to the second anniversary of the date of the injury.


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