this is a two part question from yucaipa california, 1 year ago i fell on the uneven broken pavement that goes to my front door on a rental property. i broke my wrist and had surgery where they had to permanently apply screws to the bone to repair it. i haven’t filed a lawsuit yet, because at first i thought i didn’t have a case because in our rental agreement there was an “as is” clause. the broken pavement was just what i tripped on while trying to keep the bees swarming around my head from stinging me. (the bees weren’t there when we signed the “prop. as is”). i had complained about four times over the course of about three months that there was a beehive. the city told me it was the owners responsibility to get rid of it. the last complaint was after being stung in the face, on my left eye, i even sent a picture of my face. i had a very bad reaction to the sting. still nothing was done. i had never been afraid of bees prior to that. the day i fell i guess i panicked and wasn’t being as careful as i normally was on the uneven pavement. the day after i came back from the emergency room, (2 wks before the surgery,) i called and told them i fell and broke my arm, the next day they had someone get rid of the bees. this all happened may 2007. the bees are back now and i told them a few months ago, no response. this was an llc that owned the property. it went into foreclosure last may and belongs to another llc now. i didn’t file before also because after the accident i couldn’t drive for three months and we got behind in the rent. i was afraid that if i filed a lawsuit we’d get evicted. then so many things began to go wrong with the place that i continously complained about, major things, that they never responded to. so we wrote them and told them that instead of filing lawsuits for back rent or warranty of habituality against each other we would pay partial rent and do our own repairs. they never responded or complained about any back rent. so that’s how it went. but now that they don’t own it anymore can i still file because of my arm? they also never contacted us or made any mention of our security deposit. now the new owners gave us a 30 day notice to vacate. we’ve been here 3 years and ordinarily would get 60 days. (the new owners) hired a property manager to contact all the tenants to tell them about the change in ownership and that they would continue to rent to us. the manager renegotiated a rent amount because of the condition of the prop. we all agreed and were relieved we wouldn’t have to move. we sent our rent and a couple days later we all recieved the 30 day notice, they said they “changed their minds”. no mention has been made of our security deposit. could i make that a part of my lawsuit for my arm or sue the new owner for that. they became our new landlord for a month, so wouldn’t they be responsible for it? because they were a landlord even for just a month would’nt that also make us entitled to the 60 days notice? (if you’re not totally confused right now then you’re really on your game!)
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slip and fall/ tenants rights - yucaipa california
Posted by Legal Information in July 3rd 2008
2 Answer
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You should contact a personal injury attorney that specializes in slip and fall cases.