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Fatal Apartment Stairwell Collapse Prompts Premises Liability Lawsuit

Posted on behalf of Arnold Law Firm in
broken stairsA San Francisco family has filed a premises liability lawsuit over the death of their only son who perished after a staircase collapsed in a Folsom apartment complex last July. The victims family claims the tragic death of their beloved son could have been prevented had the property owner not ignored the staircases disrepair, something the family considers a despicable act of property negligence. The family’s lawsuit, which was filed last week in Sacramento Superior Court, seeks an unspecified amount of compensation from the apartment complex owner, Gerson Bakar and Associates. Mr. Bakar’s company owns several buildings, including the Legends at Willow Creek apartments, where the accident occurred. The lawsuit also seeks damages from the builder of the complex, as well as several others who were involved in the apartments initial design and maintenance. The victim, a 26-year-old student at California Polytechnic State University in San Luis Obispo, was visiting friends at the complex when a set of stairs he was climbing collapsed, sending him plummeting two stories to his death. According to the lawsuit, Mr. Bakar was made aware of the unstable condition of the staircase one year prior to the fatal accident. At that time, a staircase in a neighboring building had collapsed, prompting an inspection of the stairwell that eventually collapsed and killed the young Poly-Tech student. Although an inspection of the stairwell was conducted, no repairs were ever made, nor did Mr. Bakar warn residents of the stairwells dangerous condition. Serious flaws in the complex’s construction and design are also noted in the family’s lawsuit. The lawsuit claims the 208-unit apartment complex repeatedly failed to meet building codes since it was first constructed fifteen years ago. The chief building official for Folsom stated the construction of the complex did in fact meet the city’s building codes, however, a better design could have prevented the stairwell from dry rotting and eventually collapsing. In the aftermath of the tragic accident, Mr. Bakar’s company agreed to rebuild the stairwells in the apartment complex with a new and improved design which would help ensure lasting stability. The new staircase design would also address issues with water intrusion and subsequent wood rot. Any property that isn’t adequately maintained can be hazardous to visitors, and a premises liability lawsuit can be filed against owners who are negligent in maintaining the safety of their property. If you or someone you love have been injured due to a property owners negligence, contact one of the knowledgeable Sacramento premises liability lawyers at The Arnold Law Firm today. Our highly trained personal injury attorneys in Sacramento have helped our clients win millions of dollars in compensation from their premises liability cases, and wed like to do the same for you.

Call (916) 777-7777 or fill out our FREE Case Evaluation Form today.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.