Unsafe Stairwells and Railings in Fullerton Rentals

Losing your footing on a shaky rail or a loose step may seem like an unfortunate accident, but it is often the result of someone else’s negligence. You should not have to pay for a property owner’s shortcomings with your safety or your savings. Talking to a habitability attorney can help you pursue the financial award you deserve.

Choosing legal representation means having a personal advocate who can fight to protect your rights. At CD Law, we can investigate unsafe stairwells and railings in Fullerton rentals and negotiate with insurance adjusters. We understand the procedures for filing a claim for compensation and could confidently take your case to court if necessary.

Pursuing a Premises Liability Claim

The city of Fullerton follows California premises liability law for injuries on dangerous stairwells and railings. Under California Civil Code § 1941.1, rental property owners have a duty to maintain stairways and railings in good repair. A property owner is responsible for a property-related injury per Civ. Code §1714 when the owner knows or should know of a hazardous condition and fails to fix it or warn others about it within a reasonable time.

The city’s Code Enforcement Division acts in accordance with state law to handle complaints about unsafe rental stairwells and railings. If a landlord ignored an unsafe condition, the enforcement division may have already cited them. Our attorneys can use that information to help establish the property owner’s negligence.

What Damages Can You Recover After an Injury?

Compensation for a Fullerton injury due to hazardous stairwells and railings in rental properties includes economic, non-economic, and tenancy-specific damages. Economic damages are measurable financial losses such as medical expenses, lost wages, and loss of earning capacity. Non-economic damages compensate for the emotional effect of an injury and include pain and suffering, emotional distress, and loss of enjoyment of life.

Tenancy-specific damages include partial rent refunds for the time Civ. Code §1941.1 deemed the property unsafe and an award of penalties, including attorney’s fees, under Civ. Code §1942.4 if the landlord fails to fix an unsafe condition within 35 days. There are no statutory limits on the amount an injured person can recover for economic and non-economic damages.

However, the state follows a doctrine of comparative fault. Under this rule, injured parties can recover damages based on the percentage of fault a court attributes to them. Working with an attorney from our firm can help maximize an overall compensation award.

Filing Timeline for Premises Liability

Premises liability victims must comply with strict filing deadlines. Under California Code of Civil Procedure § 335.1, an injured party has two years from the date of the injury to file a lawsuit. If a government entity owns the property, the deadline to submit a claim shortens to six months in accordance with California Government Code § 911.2. Completing the initial steps of the legal process can take considerable time. A Fullerton lawyer from our firm can act quickly to avoid the risk of missed deadlines and build a well-documented case involving defective rental stairwells or railings.

Contact a Fullerton Lawyer About Dangerous Stairwells and Railings in Rentals

Unsafe stairwells and railings in Fullerton rentals can lead to disastrous injuries. While your focus should be on recovery, legal deadlines and financial pressures can add up quickly. Do not let a property owner’s negligence become your financial burden.

If damaged property caused your injuries, our team can protect your right to compensation. At CD Law, we understand that what seems like misfortune is often a landlord’s negligence, and we have the resources to help you prove it. Contact us today for your free consultation.