California Premesis Liability Case woes

[FucktheLaw]

Jurisdiction

California

I was injured on a staircase of an apartment I rented in California over four years ago. A rotten wood plank gave way and I tore both knees and have since had two surgeries on lien and the medical bills are at 200k and counting.
I have the VA for my insurance since I am a 100% service connected veteran and just can't get care no matter what region I am in. It's been over four years and trial was just pushed to early next year.
Early in the lawsuit I mailed all of.my receipts to the attorneys office totalling a few grand and they lost it and told me it doesn't matter. My first clue.
I haven't worked since the accident, have chronic residual pain (barometric pressure changes) and my credit is in the toilet. When it came time for my deposition I met a new attorney who was given my file that morning and she wasn't prepared for the 5 hour grilling I received.
The litigation clerk stopped answering my calls or returning them 11 months ago and I am wondering if the trial was pushed back so that they could step in to help me get PT or anything else I need but I am wondering how much that would help the case and why on earth they have waited.
I have an eyewitness to the case who was there who is now a Federal Police Officer. He saw me fall. Also I gave the attorney letters from the VA doctor saying I can't run anymore even though I used to to treat am existing anxiety disorder.

I have a slew of questions that haven't been answered and I absolutely can't shake the feeling that I have lost faith in this office.
Any thoughts would be appreciated.

 

[adjusterjack]

Early in the lawsuit I mailed all of.my receipts to the attorneys office totalling a few grand and they lost it

You kept copies I hope.

told me it doesn't matter

At the moment, in a sense, that's true. The court first has to determine liability and then damages.

When it came time for my deposition I met a new attorney who was given my file that morning and she wasn't prepared for the 5 hour grilling I received.

Nobody is ever really prepared for depositions. She wouldn't know the questions in advance.

help me get PT

Why not just ask for PT at the VA? I've had PT there for several conditions.

I have an eyewitness to the case who was there who is now a Federal Police Officer. He saw me fall.

This part you aren't going to like. Seeing you fall doesn't establish whether or not the landlord was negligent in maintaining the property.

I absolutely can't shake the feeling that I have lost faith in this office.

Unfortunately, this is the way liability lawsuits work. They often take years, with long periods where it appears that nothing is happening. More so if the Defendant believes that it has a solid defense.

I may be able to answer more questions if I could see your original complaint that has the list of allegations, and the Defendant's initial response that contains his list of defenses.

You can attach files from your computer. Make sure you redact any identifying information.

 

[FucktheLaw]

You kept copies I hope.


At the moment, in a sense, that's true. The court first has to determine liability and then damages.


Nobody is ever really prepared for depositions. She wouldn't know the questions in advance.


Why not just ask for PT at the VA? I've had PT there for several conditions.


This part you aren't going to like. Seeing you fall doesn't establish whether or not the landlord was negligent in maintaining the property.


Unfortunately, this is the way liability lawsuits work. They often take years, with long periods where it appears that nothing is happening. More so if the Defendant believes that it has a solid defense.

I may be able to answer more questions if I could see your original complaint that has the list of allegations, and the Defendant's initial response that contains his list of defenses.

You can attach files from your computer. Make sure you redact any identifying information.

Thank you very much. So the issue here is whether the landlord was negligent. Got it. That alone is more than I have gotten from my attorney. Thank you very much for your help. I don't know that I have a copy of those items to post. I don't even know that he has been deposed.
Someone fell through before but died of Covid and can't testify. I gave the attorneys office photos of the steps and their condition and an independent expert rated them unsafe.

 

[adjusterjack]

Negligence law is complex, but I'll give you an overly simplified definition that applies to property.

One is negligent when one knows of a hazard that can cause injury, fails to fix it, and someone gets injured because of that hazard. One can also be negligent if one doesn't know about the hazard but should have known about it, fails to fix it, and someone gets injured because of that hazard. The second part of that definition is more complicated.

To further educate yourself, take a look at the California jury instructions. Several sections may apply and they have comments from appellate case decisions to further explain the instructions.

Negligence

Justia - California Civil Jury Instructions (CACI) (2025) Series 400 - Negligence - Free Legal Information - Laws, Blogs, Legal Services and More

www.justia.com

Your comment about somebody else falling through raises some interesting questions.

When did it happen?
Was the LL notified of the injury?
Did the LL fix the steps?

As for copies of the original "Complaint" and "Answer" (that's what they are called) you can go online to court records, search for your case, and should be able to download copies for a small fee.

Online Case Search | Superior Court of California - County of San Diego

www.sdcourt.ca.gov

Feel free to come back for further discussion.

 

[FucktheLaw]

I cannot thank you enough for the input. It has clarified some things.

The person fell through like 5 years before me. The LL response was to fix one plank on the tread (the stairs have no risers).

 

[adjusterjack]

I have some comments about that but first some housekeeping. An objection to your user name has been raised and I was reminded that it violates our terms. I think this discussion is too important to be deleted which is what usually happens.

The solution is for you to register again but with a milder user name and just address me and remind me who you are so we can continue the conversation.

Meantime, I've made a copy of this thread.

 

[army judge]

The person fell through like 5 years before me. The LL response was to fix one plank on the tread (the stairs have no risers).

You might NOT wish to reveal any prior knowledge regarding "issues" with the staircase. Why? If the LL's attorney learns of of such prior knowledge, YET you CHOSE to use the defective stairs, that MIGHT cause you to fail to prevail in your lawsuit.

Silence is golden.

 

[adjusterjack]

Excellent point, Judge.

 

[FucktheLaw]

I will re register.
I had to use that staircase because the back stairs or fire escape for all the apartments on the second floor led to a private yard the LL rented as another apt when he gutted the garages downstairs. Your point is taken, Judge, and appreciated. Since we were instructed not to use it I had to use the front stairs.

 

[adjusterjack]

Thread locked for reregistration.