Shell Beach, CA Personal Injury Law Firms & Lawyers

As owner of the contracting company you probably don't qualify for w comp coverage. I'm sure your contract makes you as contractor responsible for complying w all applicable laws, including WC for your employees. There is also probably an indemnity clause requiring you to indemnify homeowner from WC claims by your employees. If you are injured by your own fault, w/ no negligence by home owner, the home owner cannot possibly be liable for your injuries. WC won't apply because you are an independent contractor, not an employee of home owner. If you are WC exempt, that's your own voluntary choice, making you non covered by WC even as an employee of your own company.

You have the option to seek reimbursement for your child's medical bills. Also, he is entitled to pain and suffering for what he went through. Normally we make this claim through the dog owner's home owner's insurance.

You can file a lawsuit against the owner of the apartment complex and perhaps against the general contractor and the cement subcontractor who built the complex and the concrete steps. You could also include the management company who had the duty to manage the property. The legal theories for your case would be negligence and a dangerous condition of property. There is a duty of a landowner and a management company to inspect their property. There are facts that you don't mention such as lighting conditions, prior accidents, prior complaints about the stairs to the owners or the management company. Your injuries sound serious and you would be well advised to contact an experienced personal injury lawyer to review the facts of your case and to advise you how to proceed. You should immediately take photos of the steps. You of course should report the accident to the manager. If you are contacted by an insurance adjuster for the apartment or other possible defendants you should not give any statements until you speak with a lawyer. The insurance adjusters are not your friend. You are not in good hands with an insurance company. Your statute of limitations for filing a lawsuit is 2 years from the date of the fall in California.