Legal Question in Real Estate Law in California

Re: Injury sustained as a result of a hazard on a rented property

The landlord is responsible for keeping his property free from any dangerous conditions. Your daughter is entitled to recover for her injury. This would include her lost wages. If you have any questions let me know. I practice in California and Indiana.

Re: Injury sustained as a result of a hazard on a rented property

The answer is maybe. A tenant in possession is responsible herself for hazardous conditions UNLESS the hazard falls into one or another of several categories for which the LANDLORD is responsible. The most important of the landlord-responsible categories are:

(1) Hazards resulting from defective construction or repairs done by the landlord.

(2) Hazards known to the landlord at the time of rental, unless obvious to the tenant.

(3) Hazards arising due to landlord's failure to make repairs which landlord is required to make under the express terms of the lease.

(4) Hazards in common areas (elevators, public corridors) where the landlord has retained control.

(5) Hazard due to a dangerous activity by another tenant, which landlord can control (by eviction, for example).

There may be landlord liability in other cases where the landlord can be shown negligent in some way in carrying out a duty to protect the tenant, but the rules are technical and evolving.

Although I do real-estate law, this matter is really in the personal injury field, and you should find a personal injury specialist to evaluate and perhaps take your daughter's case.

Loss of income should be part of the damages, if you establish liability.