California Tenant Injury Landlord Liability Lawyers

Many tenants believe they have almost no legal rights. But Section 1941.1 of the California Civil Code imposes strong legal obligations on landlords. According to this statute, the warranty of habitability, which protects tenants from certain kinds of injuries, exists whether or not the rental agreement specifically mentions it. The California Supreme Court reinforced this responsibility in 1974, when it held that a “warranty of habitability” is implied in all residential rental agreements.

Owner negligence causes many premises liability injuries, such as swimming pool drownings. Compensation is available if a victim/plaintiff proves ordinary negligence, or a lack of ordinary care. Habitability injuries are different. If a landlord does not furnish habitable property in accordance with statutory law, and that legal violation causes injury, the owner is liable for damages, whether s/he had a good reason for failing to provide habitable property or not.

Landlord Liability Lawyers in California for Injured Tenants

Tenants have legal rights in California, and there exists landlord liability for tenant injury. Fair compensation is almost impossible to obtain if a victim goes toe-to-toe with a legal team. But a dedicated Los Angeles tenant injuries lawyer from the Law Offices of Eslamboly Hakim levels the playing field. We use proven methods to build solid cases. As a result, when these cases go to court, we are well-positioned to obtain maximum compensation for your serious injuries.

Habitability Injuries Caused by Landlord Negligence

These violations are non-delegable. So, when these injury claims go to court, landlords cannot throw contractors, repairmen, workers, managers or other such individuals or companies under the bus. Here are some common habitability injuries.

Balconies and Decks

Dilapidated or water-damaged decks create a risk of structural collapse. According to California law, landlords must regularly inspect decks and balconies that are more than six feet above the ground in properties that have three or more units. A fall from as little as four stories above ground is usually fatal. The fatality and serious injury risk increases if the victim is covered with a heap of rubble.

Mold

Certain kinds of mold do more than reduce property value. Over time, a tenant may develop symptoms such as persistent wheezing and/or coughing, nosebleeds, rashes, and neurological issues. When a landlord knows or should know that mold in the unit exceeds permissible exposure limits or poses a health threat, the landlord must give tenants a written disclosure before they sign the lease.

Furthermore, as a matter of law, properties with visible mold growth that endangers a tenant’s health are substandard housing

Fires

Inadequately insulated wires cause many fires, especially in older apartment buildings and other buildings. Frequently, the original insulation was laced with asbestos. When owners removed that asbestos, they replaced it with weak insulation that does not contain all the heat and sparks these wires generate.

Additionally, many burn and smoke inhalation injuries occur because tenants do not have an adequate chance to escape. The law is very specific about the need for hard-wired working smoke detectors with battery backups. These smoke detectors are difficult to install and maintain. As a result, many owners roll the dice and don’t install or maintain them.

The same things apply to fire doors and fire escapes. For some owners, the cost of maintaining such emergency escapes doesn’t justify the benefit. Of course, owners are not the ones who suffer if a fire breaks out.

Dwelling fires cause contact burns and, more commonly, smoke inhalation injuries. Contact burns usually require long-term treatment at specialty burn centers. The toxic particles in smoke burn the lungs, leaving scar tissue that significantly impairs breathing.

Lead

Back in the day, because it’s so strong and so easy to shape, lead was the go-to metal for water pipes. The metal was also an important ingredient in paint and other consumer products. By the 1980s, the health hazards of lead, mostly cognitive impairments in children, were becoming clear.

Several 1990s federal and state laws banned lead in new construction. But the metal remains in vintage dwellings throughout Los Angeles.

Legally, property owners have a duty to disclose the presence of lead in paint, pipes, or anything else, if the property was built before 1978. Owners also have a duty to remove the lead and replace it with another substance, at least in some cases.

Building A Case: Understanding Landlord’s Liability for Personal Injury

The evidence in a habitability injury case usually dates back to well before the injury occurred. A landlord’s failure to conduct safety inspections are proof of a Section 1941.1 violation. Prior reports of habitability violations are even stronger evidence on this point.

A Los Angeles tenant injuries lawyer must also prove the extent of the victim’s injuries. Medical bills and other such documents often provide much of the necessary evidence. An attorney often partners with an independent doctor to establish other points, such as the reasonableness of the medical procedures.

The burden of proof in a civil claim is only a preponderance of the evidence (more likely than not), which is one of the lowest burdens of proof in California law. So, a little evidence goes a long way.

Resolving a Case

Attorneys use their investigation and organization skills to build cases. Attorneys use their negotiating skills to successfully resolve these matters. Over 90 percent of personal injury matters settle out of court.

Settlement negotiations usually begin once medical treatment is at least substantially complete. If the claim settles before this point, the settlement might not incorporate all likely future medical expenses. If that happens, the victim is generally financially responsible for these costs.

Settlement negotiations usually involve some give and take. An attorney knows when to compromise and when to stand firm. Therefore, a settlement for maximum compensation isn’t unduly delayed.

Contact The Law Offices of Eslamboly Hakim for Your Peace of Mind

California law imposes several safety responsibilities on landlords, while also allowing tenants to file personal injury claims against landlords. At the Law offices of Eslamboly Hakim, we help you connect with experienced Landlord Liability Lawyers for Injured Tenants in California. We routinely handle matters throughout Southern California. Our attorneys specialize in handling California Tenant Injury Claims and litigations involving Tenant’s Rights. We handle claims for both residential and commercial tenants.