Trip & Fall Accident Injury Lawsuit
The physical pain involved in a trip-and-fall accident may be immediate. Still, if an injury occurs, the challenges that follow—such as medical bills, time away from work, and emotional stress—can linger far longer. These accidents have the potential to disrupt daily lives and create burdens that are difficult to shoulder alone.
With any trip-and-fall injury accident, questions arise about why it happened and who may be legally responsible. Although California law is clear that you should be compensated for your injuries if caused by someone else's negligence, proving fault and obtaining that compensation can still be a complicated process.
This process typically involves gathering evidence, negotiating with insurance companies, and potentially going to court. Our attorneys at Injury Justice Law Firm are experienced in navigating this process and will guide you every step of the way.
Our California personal injury attorneys will work on your behalf to get to the heart of the matter, prove liability, and obtain the full compensation you need and deserve. Our goal is to relieve you from the legal complexities, allowing you to focus on your recovery.
We specialize in cases involving cracked, defective, or dangerous sidewalks, uneven pavements, or badly striped parking lots, providing our clients with the confidence they need in their legal representation.
Oftentimes, unsuspecting pedestrians step into traps expecting to find a flat, even surface only to feel a slope, a tilt, or worse yet, to trip over an object negligently left behind by a company, entity, or contractor whose job it was to create a safe walking surface.
If you or your loved one fell and got injured as a result of such a defect, we can help with getting medical treatment. We will vigorously advocate on your behalf to allow you to focus on your health while obtaining the maximum possible recovery in your case. Your role in this process is crucial.
You will need to provide us with all the relevant information and cooperate with us in gathering evidence and preparing your case. We will guide you through each step and ensure that you are fully informed and involved in the process.
In trip-and-fall cases, time is often of the essence. The city, responsible for maintaining the sidewalks and other public areas, is subject to a shorter statute of limitations. This underscores the urgency and importance of your situation.
In our experience handling trip and fall injury cases in California, we have developed unique expertise and relationships with reputable experts in the field, allowing us to devise creative strategies to maximize the potential outcome as quickly and efficiently as possible.
We prepare every case as if it were going to trial, ensuring that you have the best legal representation on your side.
Common Causes of Trip-and-Fall Accidents
Trip-and-fall accidents are often preventable. They occur frequently due to hazards that property owners or those responsible for maintaining premises overlook or fail to address. Below are some of the most common causes of these accidents:
- Uneven Surfaces: Cracked sidewalks, broken tiles, and missing floorboards create uneven walking surfaces that can trip unsuspecting individuals. These hazards are particularly dangerous in areas with high foot traffic.
- Poor Lighting: Insufficient or broken lighting can make it difficult to see potential tripping hazards. Poor visibility heightens the likelihood of accidents, whether in stairwells, parking lots, or hallways.
- Clutter or Obstacles: Loose cables, unattended objects, or debris in walkways can cause pedestrians to trip and fall. Neglecting to keep common areas clear can pose serious risks.
- Damaged or No Handrails: Stairs without sturdy handrails—or with broken ones—remove a safety feature that many rely on to maintain balance.
Types of Injuries That May Occur
The injuries from a trip-and-fall accident can vary depending on the nature of the fall, but they often result in significant harm. Some of the most common injuries include:
- Fractures: Broken bones, especially in the wrists, arms, ankles, or hips, are common when individuals instinctively try to break their fall. These types of injuries often require long recovery periods and, in severe cases, surgical intervention.
- Sprains and Strains: Ligament damage in the wrists, ankles, or knees can occur due to awkward twists or heavy impact. These injuries may restrict mobility and require physical therapy.
- Head Injuries: Falls that result in a blow to the head can range from minor concussions to more severe traumatic brain injuries (TBIs). The consequences of these head injuries can be long-lasting or life-threatening if not addressed promptly.
- Spinal Cord Injuries: Slips and trips that result in significant force to the spinal cord can lead to herniated discs, chronic back pain, or, in serious cases, paralysis.
Who May Be Held Liable for Trip-and-Fall Accidents?
Liability in trip-and-fall cases often depends on the party responsible for maintaining the premises where the accident occurred. Under California law, property owners and managers owe visitors a “reasonable duty of care.”
This legal obligation requires them to maintain safe premises and promptly address hazards that may pose risks. What constitutes “reasonable” often depends on the circumstances, including the type of property and how the hazard was created or reported.
In short, if a person or party is responsible for a reasonable duty of care and fails to fulfill that duty, they may be held liable for any injuries you incur in a trip-and-fall accident, provided it can be proved that their failure directly or indirectly resulted in your injuries. Here are some of the common parties who may be held responsible:
- Property Owners: Owners of commercial, residential, or public properties are generally responsible for ensuring their spaces are hazard-free.
- Landlords and Property Managers: For rented or leased properties, landlords or property management companies may be held accountable if they neglect repairs or fail to address hazards that were known or reported to them.
- Businesses: Retailers, restaurants, and other businesses are responsible for maintaining a safe environment for customers and employees. Failure to repair damaged flooring, clear walkways of obstructions, or provide adequate warning signs may result in liability if an injury occurs.
- Government Entities: Public property, such as sidewalks, parks, and government buildings, is often managed by local, state, or federal agencies. While pursuing claims against government entities involves unique procedures, they can be held accountable for unsafe conditions under certain circumstances.
Determining liability in California can be complex because this is a pure comparative negligence state. In cases where responsibility is shared or unclear, the amount of compensation may be reduced accordingly. However, we are here to navigate this process with you, ensuring that you are treated fairly and that your rights are protected.
At Injury Justice Law Firm, we understand these laws thoroughly, having years of experience in this field. We will work on your behalf to build your case, gather supporting evidence, and overcome blame-shifting tactics that the other side may utilize to try and reduce their liabilities. We'll work to get you the compensation you deserve.
Frequently Asked Questions About Trip & Fall Accidents
I tripped over uneven pavement on the sidewalk and broke my leg. Who is responsible for my injuries?
Generally speaking, property owners are liable for injuries on land they own, possess, control, or maintain. Often, numerous parties have some sort of connection to the premises where the injury occurred.
For instance, the City might own the piece of land, but a general contractor was recently hired to perform work on the pavement, and a management company was charged with supervising the project.
Therefore, you have at least three entities that you have a potential claim against. It is important to keep track of all parties, as different statutes of limitations will apply to public and non-public entities.
Also, you have to make sure that you can state a viable theory of liability against each party involved for your claim to be successful. For instance, if the contractor performed the work, and the city inspected and accepted the finished project, liability shifts to the city under the Completed and Accepted Doctrine.
You must hire an experienced premises liability attorney to investigate and develop all theories of liability against every party in your case to maximize your recovery and get you and your family full and fair compensation.
I broke my arm in a parking lot by tripping over a concrete wheel stop, which was partially obstructed by the blue stripes of the handicapped access aisle. Do I have a case?
Determining whether or not there is a liability in cases of dangerous and defective parking lots may often be challenging for the self-represented litigant. The property management may claim that the condition was open and obvious, that had you simply kept your eyes on the road, you would not have tripped.
Do not let yourself be intimidated! In badly striped parking lots and handicapped access isles and ramps, defects hidden within the bright blue, yellow, or green stripes may present traps—dangerous conditions disguised as safety.
Case law in these scenarios is well-settled. A pedestrian making normal use of the public sidewalk has a right to assume that it is in a reasonably safe condition. While you must use reasonable care for your safety, you are not required to keep your eyes fixed on the ground or to be on the constant lookout for danger.
The danger of this trap is also amplified by its location within the handicapped access aisle's diagonal cross-hatching. Diagonal marking is commonly utilized in architectural and engineering graphics to represent uniform or homogenous surfaces or sections.
We, as pedestrians, have been thoroughly conditioned to view the areas marked with such cross-hatching as safe and even walking surfaces. So, an object hidden within the confines of the island's safe harbor will be that much more dangerous to the pedestrian, who is relying on the safety zone marked off by the cross-hatching.
I fell off a flight of stairs, shattering my pelvic bone. I need surgery, but the apartment complex where I fell is denying my claim. What can I do?
The first step in any premises liability case involving a serious injury, such as a fracture, is to contact a personal injury attorney experienced in handling trip and fall cases. We conduct a comprehensive investigation and evaluation of every case. We leave no stone unturned in our pursuit of justice for our clients, ensuring they feel secure in their legal representation.
It's never advisable to handle a premises liability case alone. Our lawyers, with their extensive experience, are crucial to the success of your case. This is likely your first and hopefully only such case, and there are numerous nuances you may not be aware of.
We Seek Compensation For The Losses You Have Suffered
With that said, in any trip and fall case, you must be able to point to the cause of your fall. Was it a slippery banana peel left on the stairwell? Did you trip over a broken step? What exactly caused you to fall? A fall, in and of itself, is not a basis for liability.
You need to make a note of and document the dangerous condition to the best of your ability as soon as possible after the fall, make an incident report, and contact a professional Los Angeles personal injury right away to maximize your chances of success.
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