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Fall in Apt., lobby Premises Liability

Discussion in 'Accidents, Injuries, Negligence' started by Jojoko, Oct 31, 2017.

  1. Jojoko

    Jojoko Law Topic Starter New Member

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    I started my first day working for Instatcart food delivery sevice as a contractor I was on my last run. I delivered some groceries at the back of the building that was closest to the customers apartment because the front door intercom wasn't working to allow customer to buzz me in. I was told to exit the front of the building sense that is where my car was parked. I enter the lobby area upon exiting and missed the second step heading out and fell hard injuring my right knee and in extreme pain. I stayed on the ground for about 10 minutes trying to stand eventually I did and made it to my car. I could hardly drive I was thinking maybe I should have called an ambulance. I drove 40 minutes to the nearest urgent care center got x'rays nothing was broken I'm relieved . The doctor gave me two days off from work and said to stay off of my feet and ice the knee and take Tylenol for the pain.

    Do I have a case for the injury along with the pain and suffering? The building need yellow and red paint to distinguish the steps.

    If so, how do I locate the owner of the building? The accident happened in the City of Los Angeles.

    Thank you for your input!

    Jo
     
  2. army judge

    army judge Super Moderator

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    I doubt it, but talk to a couple of CA licensed personal injury attorneys.

    CA has some unique ways for people to get a few bucks in these clip and fall, or improperly marked areas.

    A lawyer near you will gladly discuss this with you for FREE the first consultation.
     
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  3. Disabled Vet

    Disabled Vet Active Member

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    Maybe you should look at where your walking... Missing the second step is telling me that you knew the stairs were there. Yet you failed to walk down them properly. You were in a hurry and screwed up.
     
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  4. ElleMD

    ElleMD Well-Known Member

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    Most stairs aren't painted red and yellow. You were on the stairs and clearly knew there were steps so paint wouldn't have told you more than you already knew. There does not appear to be anything negligent in the design or maintenance of the stairs from your description. They hadn't been freshly washed without a "wet floor" sign, and weren't broken and gave way.
     
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  5. hrforme

    hrforme Active Member

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    It's going to be hard to argue with the property owners because you were there on business. You might check to see if the homeowner that you were delivering to has insurance coverage for visitors. But I suspect once either find out you were there for business reasons, they are going to want to "subrogate" it back to your employer....

    And since you are an independent contractor rather than an employee, Instacart doesn't cover you for workers compensation injuries. As an IC, it is important that you provide your own insurance to cover your work injuries/accidents. It's one thing many ICs don't consider until it is too late (and no I am not an insurance salesman).
     
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  6. zddoodah

    zddoodah Well-Known Member

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    A case of what? At most, you could make a claim against the no-fault medical payments portion of the building owner's insurance coverage -- if you can persuade the building owner to provide you with his/her/its

    Huh? In 50 years on this planet, I don't think I've ever seen stairs with "yellow and red paint to distinguish the steps." Over the years, I have occasionally mis-stepped on a staircase, but I've never once felt it was anyone's fault but my own. Last Tuesday, I walked up/down somewhere in the neighborhood of 300-500 steps at Dodger Stadium and a couple of Metro stations, all of which were gray concrete, and I had no problem distinguishing one from the next. Is there some reason why you were unable to distinguish these steps without circus colored paint?

    You might be able to look it up at the Los Angeles County Assessor's web site. Otherwise, you might be able to get a local title insurance company to help you out.

    Not really sure what being "there on business" might have to do with the relative ease or difficulty of arguing with someone. More importantly, it's not a fact that has any real legal relevance.
     
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  7. adjusterjack

    adjusterjack Super Moderator

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    That begs the question: Are you really an independent contractor (in business for yourself)? Or are you illegally misclassified as an independent contract when you are really an employee.

    I suggest you contact the CA Division of Workers Compensation for guidance:

    DWC homepage

    If you really are an independent contractor you might be able to buy workers compensation as a sole proprietor (for the future).

    Not likely.

    County assessor.
     
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  8. Jojoko

    Jojoko Law Topic Starter New Member

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    I clearly did not know as stated. I enter the property from the alley and exited the front of the building. Peace!
     
  9. Jojoko

    Jojoko Law Topic Starter New Member

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    Thank you, Army Judge!
     
  10. Jojoko

    Jojoko Law Topic Starter New Member

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  11. Jojoko

    Jojoko Law Topic Starter New Member

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    Thank you, ElleMD!
     

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