Apartment Complex Fall

Our client fell inside his own apartment because of a dangerous condition the complex already knew about. The problem had been reported and left unrepaired. When the fall caused a back injury serious enough to require surgery, the apartment complex denied responsibility and blamed him. The case settled for $1,350,000.

The Result at a Glance

• Recovery: $1,350,000 settlement (firm reported)
• Case type: Premises liability, dangerous condition in a rental unit
• Injury: Back injury requiring surgery
• Key issue: The landlord’s prior notice of the hazard, and a defense that blamed the tenant

A Dangerous Condition the Complex Knew About

The condition inside the unit was not new and it was not a surprise. The apartment complex had been made aware of the problem before the fall, and it stayed unrepaired anyway. That gap between knowing and fixing is where most premises cases are won or lost, because a property owner’s duty under California law turns on what they knew, or should have known, and what they did about it.

The Complex Blamed Our Client

Instead of accepting responsibility, the complex denied liability and argued the fall was our client’s own fault. That defense is common in premises cases, and it put two things squarely at issue: the actual condition of the property, and the complex’s prior knowledge of it. We treated both as evidence problems to be solved, not arguments to be traded.

How the Case Was Built

We developed the record on three fronts: what the dangerous condition was, when the complex learned about it, and why it was never corrected. Documented notice changed the conversation. Once the evidence showed the complex had known about the hazard and left it in place, the attempt to shift blame onto the tenant lost its force.

A Back Injury That Required Surgery

The fall caused a significant back injury that ultimately required surgery. We documented the full course of treatment, the surgical procedure, and what the injury took from our client’s daily life. Under California law, past medical damages are measured by what was actually paid for care, so the medical record work matters as much as the liability work.

What California Law Says

Every property owner and manager in California owes a duty of reasonable care in maintaining their property under Civil Code §1714. For tenants, that includes dangerous conditions inside a rented unit that the landlord knows about and fails to repair. Most injury claims must be filed within two years under Code of Civil Procedure §335.1, and California’s pure comparative negligence rule means a blame-the-victim defense reduces a recovery only by a proven percentage of fault. It does not erase the claim.

Frequently Asked Questions

Can I sue my apartment complex if I fall inside my own unit?

Yes, when the fall was caused by a dangerous condition the landlord knew about, or should have known about, and failed to repair. Repair requests, maintenance records, and prior complaints become key evidence. This case resolved for $1,350,000 on exactly that theory.

What if the landlord says the fall was my own fault?

Expect that defense. California follows pure comparative negligence, so even if a jury assigned you a share of fault, your recovery is reduced by that percentage rather than eliminated. In this case the evidence of prior notice answered the blame-shifting directly.

What should I do after a fall in a rental property?

Photograph the condition before it gets repaired, save every repair request and communication with management, get medical care right away, and speak with an attorney before giving the property’s insurer a recorded statement.

Talk to a Premises Liability Lawyer

Khashayar Law Group handles slip, trip, and fall cases across San Diego County, including a $4.5 million trip-and-fall verdict against the City of San Diego and a $3.25 million slip-and-fall settlement. Consultations are free and there is no fee unless we recover. Call (858) 509-1550 or use the contact page.

Case results disclosure: This is a firm-reported settlement. Case results depend on the facts and circumstances of each matter. Past results do not guarantee or predict a similar outcome in any future case. This page is general information, not legal advice.