ELDERLY WOMAN TRIPS AND FALLS ON RECESSED DRAIN IN WALKWAY; LOS ANGELES COURT FINDS TRIABLE ISSUE ON CHARGES OF LANDLORD’S NEGLIGENCE AND PREMISES LIABILITY FOR DANGEROUS CONDITION
An appellate court recently reversed a decision by the Superior Court of Los Angeles County today to find that a trial is necessary to determine whether the recessed drain met building code requirements and whether the landlord is liable for failure to maintain safe premises. Three years ago, an elderly woman tripped due to the uneven nature of a brick-paved walkway in her apartment complex. As a result of the fall, the accident victim suffered a cervical fracture and broken teeth. The main issue in this case was whether a recessed drain constituted a dangerous condition created by the landlord.
In its initial finding, the trial court found that landlord was not responsible for the elderly woman’s fall because the drain was an ‘open and obvious’ condition that the woman had seen before. In addition, it found that the accident occurred in broad daylight on a sunny day with no obstructions or debris on the ground. In addition, expert testimony presented by the landlord found that the drain was embedded into the walkway in a manner consistent with industry guidelines.
On appeal, the court decided that that opposing testimony by an expert for the plaintiff woman constituted sufficient reason as to bring the case to trial. The opposing expert, a reconstruction and safety expert/ consultant, testified that the slope to the drain was drastically more severe than found in customary drains. In addition, he found that a lack of warning or color distinctions to signal a dramatically recessed drain constituted a hazard that landowner could have easily prevented. Finally, in a survey of other drains in the complex, he found that the drain in question was unique in its degree of recession. Another expert for the plaintiff, a licensed general constructor familiar with the City of Glendale’s Municipal Code, also found that the location where the elderly woman fell was on in compliance with city codes.
After hearing all of the expert evidence presented, the Los Angeles appellate court reversed the trial court’s initial finding in favor of defendant landlord. Enough opposing evidence was found to warrant the case to be heard and decided at trial. If you have suffered an accident at or near your home in California that you believe is due to unsafe conditions created by your landlord, you may be entitled to compensation from your injuries. The attorneys at the Law Offices of Greenberg & Rudman LLP are experienced in helping clients recover from trip/slip & fall accidents. Call now at 1-800-ALAWPRO (1-800-252-9776) for your free consultation in California.
