$500,000 Policy-Limit Settlement for Client Injured by Concealed Step and Poor Lighting in Mission Viejo

Mission Viejo, CA – Managing Partner Samer Habbas of Samer Habbas & Associates obtained a $500,000 policy-limit settlement for a client who tripped and fell due to a concealed step and poor lighting at a private residence.

Late one night, the client visited the defendant’s home to pick up his son. While walking toward the front door, he unknowingly encountered a low-rising step in the pathway. Because the lights were defective that evening, the hidden step was not illuminated. He tripped, landing directly on his shoulder, resulting in a fractured and dislocated shoulder.

Seeking aggressive representation, the client turned to Samer Habbas & Associates. Immediately, Samer threatened to sue all potentially liable parties—landlord, tenant, and property management company—and requested a pre-litigation inspection of the step. Because Samer is known to this insurance carrier as someone who does not hesitate to go to trial, they took the threat seriously and allowed him and his expert to inspect the property.

The inspection revealed that the step was only two inches high—two inches below California’s minimum requirement of four inches. Additionally, Samer discovered that the light fixtures had been changed, providing grounds for a spoliation of evidence. He made it clear that if the insurance carrier failed to settle for the policy limits, he would file suit for an amount exceeding those limits, holding the defendant liable for deliberately destroying evidence prior to inspection. Spoliation can lead to serious sanctions, including a presumption of negligence.

Confronted with this evidence, the carrier agreed to tender its full policy limits of $500,000 on behalf of the property owner.  Samer made it clear that if it was not accepted that a lawsuit seeking excess the policy would be instantly filed.  The carrier knew Samer meant business and agreed to the settlement demand.  

If you have been injured in a premises liability matter, get Samer on your side and get back to the life you love most. Contact us today at (949) 727-9300 for a free consultation to discuss your rights and potential legal remedies.