Soquel, CA Personal Injury Law Firms & Lawyers

A property owner can be held liable for known hazards that could foreseeably result in injury. In order to make a claim against a property owner (including stores, parking lots, apartments, etc) the injured party has to show that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action. So, you would have to find evidence to prove that the apartment owner knew that the pulley was broken and had time to get it fixed before your injury (plus if they knew about it they should have put an "out of order" sign on it until they could get the repairs done) Remarkably, this is the second inquiry I've had concerning a defective weight machine in the gym of an apartment complex causing dental injuries to the user.

Generally, if you want to file a lawsuit against any government entity, you first have to file a Claim Notice against that entity. Those claim forms are available from the City, County or State Clerk, depending on who the claim is against. This usually needs to be done within 6 months of the alleged incident. If the claim is denied or not responded to within a certain period of time, then you must file a lawsuit within the applicable gov't claim statute. Further, the burden is on you to prove the police were negligent. Since you have no recollection of what occurred, that may be difficult. The foregoing is general in nature and should not be considered legal advice.

Since you had no written contract the attorney will say you paid him a true retainer, which is a fee paid strictly to keep him available in case something happens, and is not an advance against future work. If it was the latter, at least part of it would be refundable. You could bring a small claims action which would most probably be referred to arbitration. You could try to negotiate and say, that you agree to pay him for the time spent in advising you and refund the balance or you will be forced to take appropriate action for return of your fee. You could also check the California Bar website for information for the public about attorney client fee disputes.