Loose floorboards in older homes in California personal injury case

If you were injured due to loose floorboards in an older home in California, you might have a personal injury claim based on premises liability. Property owners are responsible for ensuring their properties are safe, and this includes addressing hazards like loose floorboards, which can cause trips, falls, and injuries.


🏚️ Loose Floorboards in Older Homes – California Personal Injury Case Overview

πŸ”Ή 1. Can You Sue for Injury from Loose Floorboards?

Yes, if the loose floorboards created a tripping hazard and the homeowner, landlord, or property manager knew or should have known about it and failed to fix the issue, you may have a valid premises liability claim.

πŸ”Ή 2. What You Must Prove

  1. Dangerous Condition
    • The floorboards were loose, worn, or damaged, creating a slipping or tripping hazard. This can be due to improper installation, natural settling of the home, age, or water damage.
  2. Notice
    • The property owner or manager knew or should have known about the condition. For example:
      • Actual notice: They were directly aware of the problem (e.g., you or someone else complained about it).
      • Constructive notice: The condition was present for long enough that the owner should have discovered it through regular inspections.
  3. Negligence
    • The owner or manager failed to act reasonably to repair or address the hazard, either by not fixing it, not warning you about it, or failing to inspect the floorboards.
  4. Causation and Injury
    • The loose floorboards directly caused your injury (e.g., you tripped and fell, resulting in broken bones, sprained ankles, etc.).

πŸ”Ή 3. Who Might Be Liable

  • Homeowner (if you’re a guest at the home or injured in your own home).
  • Landlord or property manager (if you’re renting and they are responsible for maintaining the property).
  • Contractors or previous builders (if the floorboards were poorly installed or repaired).

πŸ”Ή 4. Common Causes of Loose Floorboards in Older Homes

  • Age: Over time, wooden floorboards can loosen, warp, or settle, especially in older homes where the foundation may shift.
  • Water Damage: Leaks or humidity can cause wood to swell or warp, making it loose or uneven.
  • Improper Installation: Poorly installed floorboards that were not secured properly.
  • Lack of Maintenance: Failure to inspect and repair issues with the floors can lead to a worsening condition.

πŸ”Ή 5. Common Injuries from Loose Floorboards

  • Sprains, strains, or fractures (from tripping and falling).
  • Head injuries (e.g., concussions) if you fell and hit your head.
  • Back or neck injuries (from twisting or falling in an awkward position).
  • Knee or ankle injuries (common in falls from tripping on uneven surfaces).
  • Cuts or bruises from falling onto sharp edges or the floor.

πŸ”Ή 6. Evidence to Support Your Case

  • Photos or videos of the loose floorboards, showing the hazard.
  • Witness statements (e.g., someone who noticed the loose floorboards or saw you trip).
  • Incident report (if you reported the hazard to the homeowner or landlord, or filed an accident report).
  • Maintenance records (showing if or when the property owner inspected or repaired the floors).
  • Medical records documenting your injuries and the treatment received.
  • Repair records showing whether the issue was ever addressed or whether it was a known problem.

πŸ”Ή 7. Damages You May Recover

  • Medical expenses: For hospital visits, surgeries, physical therapy, etc.
  • Lost wages: If you missed work because of the injury.
  • Pain and suffering: Compensation for physical pain, emotional distress, or mental anguish due to the injury.
  • Property damage: If personal property was damaged during the fall (e.g., phone or glasses).
  • Permanent disability: If the injury resulted in long-term complications, such as reduced mobility.

πŸ•’ Statute of Limitations

  • Private property (home or rental): You generally have 2 years from the date of the injury to file a personal injury claim.
  • Government property: If the injury occurred in a government-owned home or property, you typically have 6 months to file a claim.

βœ… Example Case

You visit a friend’s older home and trip over loose floorboards in the living room, causing a sprained ankle and a bruised back. Your friend had known about the loose boards but never made repairs. In this case, your friend may be negligent for failing to fix the problem, and you could potentially file a premises liability claim against them for not maintaining the safety of their home.

Law Offices of James R. Dickinson – 909-848-8448

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Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].

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