Injuries from dangerous premises require quick and serious action

A 56-YEAR old woman who tripped and fell several feet down a parking garage recovered $6.5 million in damages from the parking company and garage owner.
According to reports, the woman, identified only as Jane Doe, had her car valet parked on the second floor of a parking garage. She returned to get some things from the trunk of her car. The valet attendant had parked the car so that the car trunk was against the wall. When she tried to get to the back of her car, she tripped on a concrete wheel stop that was protruding between the car spaces. She tried to brace herself against the wall behind her car, which she did not know was, in fact, fake. The fake wall gave way and she fell from the second level of the parking garage down to the parking level below. She hit a parked car before landing on the concrete floor.
Ms. Doe’s injuries were devastating. She initially was unable to move anything below her neck. After a spinal cord surgery and rehabilitation, her condition improved but her movements were still extremely limited. She also had another surgery to her ankle for a ruptured tendon. On top of the limitations to her movements, she continued to suffer nerve pain, muscle spasms, and weakness. Because of her injuries and limitations, Ms. Doe cannot go back to work.
Ms. Doe sued the garage owner, claiming violations of Building Code regulations. She also sued the parking company for negligence in parking her car in such dangerous conditions and for failing to warn her about these conditions. The parties settled before trial.
Despite passage of stricter Building Code regulations, some building owners fail to comply with them. Serious accidents such as described above continue to occur. The injuries that result from these accidents severely impact the lives of the injured persons and their families. The injured will require prolonged medical treatments, and they may be unable to work and earn a living.
However, just because someone is hurt from a fall does not mean building owners or managers are automatically liable. The injured person and their attorneys will have to prove that the accident was caused by a dangerous condition in the premises. The building owners will obviously not admit fault. As a result, getting compensation for the injured becomes an adversarial process. It will take the combined effort of medical providers, attorneys, and several experts working together to present a true picture of what happened, the resulting injuries, and limitations in order to recover adequate compensation for the injured.
In handling these types of cases, it has been our firm’s experience that the speedy collection of evidence before it is lost or altered is crucial. Our firm once flew in an elevator expert from Kansas to physically inspect the conditions of the building elevator where our client fell. This nationally known expert testified about the technical defects of the equipment that caused our client to lose balance, to fall and be injured (our client had to have a knee replacement surgery).
Proving the dangerous conditions on the premises is not enough. The injured client must also have a good team of experts that can establish the extent of the medical and economic damages that he/she suffered as a result of the accident. Hence, the attorney handling the case must have the know-how and resources to work with experienced medical specialists and economists who can articulate their damages to a court or jury.
Serious injuries affect people for the rest of their lives. Helping them and their families require serious legal work, the engagement of the right professionals, and the exhaustive investigation and collection of evidence to prove the injuries were caused by the building owner’s negligence.  More often than not, succeeding on these claims requires creativity, persistence, and the litigation skills of an attorney who is committed to putting in the time and resources to help their clients.

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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost.  Atty. Sayas’ Law Office is located at 500 N. Brand Blvd. Suite 980, Glendale, CA 91203. You can contact the office at (818) 291-0088 or visit  www.joesayaslaw.com. 

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C. Joe Sayas, Jr., Esq. is trial attorney who has obtained several million dollar recoveries for his clients against employers and insurance companies. He has been selected as a Super Lawyer by the Los Angeles Magazine, featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements, and is a member of the Million Dollar-Advocates Forum.