Dangerous conditions on California public and private sidewalks are often the cause of slip-and-fall and trip-and-fall accidents. Often, joggers and walkers suffer from falls on the sidewalk. For example, conditions might consist of cracks, holes, uneven conditions or snow and ice. If you sustained serious injuries as a result of a slip-and-fall on a California sidewalk, you may be able to pursue compensation for your injuries and damages. However, you need to know who to pursue them with.
A Legal Determination of Responsibility
You’ll first need to determine who owns or is legally responsible for maintenance of the sidewalk where you fell. With more than one person or entity possibly responsible, you don’t want to be in the middle. Sometimes, different organizations point their finger at each other while your medical bills and lost time from work continue to accrue. The California slip-and-fall lawyers at Maison Law can make an ownership and maintenance determination for you, stop the delays and finger pointing and obtain the compensation that you deserve for your injuries and damages.
Why Determining Sidewalk Maintenance Responsibility Can Get Confusing
The general rule here in California is that there is a duty incumbent upon each individual municipality to maintain its sidewalks in a safe condition for their intended use by members of the general public. Take notice though that some municipalities have pushed off some of this burden on abutting property owners. Special ordinances have throughout the state require property owners to maintain the public sidewalks in front of their properties in a safe condition. On that basis, you might be able to bring a slip-and-fall or trip-and-fall claim or lawsuit against both the municipality where you fell and the owner of the property abutting where you fell.
Trip-and-Falls Involving Tree Roots
It’s not unusual to see sidewalks with slabs that have dangerous cracks or uneven surfaces from tree roots. A bump in a sidewalk of less than an inch due to tree roots probably isn’t actionable, but if there is clear danger present, a cause of action probably exists.
When the Government is Responsible for a Dangerous Sidewalk
Assuming that a governmental entity is responsible for the sidewalk where you fell, you must exercise all due diligence. Short and strict time limits apply. Pursuant to sections 910-913.2 of California’s Government Code, specific rules must be followed. Most importantly, a claimant who alleges governmental negligence in a slip-and-fall or trip-and-fall must give the governmental entity written notice of his or her claim within six months of the date of their accident. After that, the entity has 45 days to respond. These notice rules quickly become complicated. The California slip-and-fall and trip-and-fall lawyers at Maison Law can explain how these notice rules work. Once you retain us, we’ll use them effectively on your behalf.
The mere fact that you fell on a California sidewalk isn’t enough to prevail in a slip-and-fall claim or lawsuit. You must still prove the sidewalk owner’s negligence by a preponderance of the evidence, and that’s a complicated endeavor. After suffering a sidewalk slip-and-fall anywhere in California, contact us to arrange for a free consultation and case review. We promise to listen to you carefully, answer your questions and point you in the right legal direction. If we represent you, our objective will be to obtain the highest settlement or verdict that you deserve. Remember, if a municipality owns the sidewalk, you only have six months to file your claim notice.
Speak to a Personal Injury Lawyer About Your Sidewalk Slip-And-Fall Accident
Experiencing a sidewalk slip-and-fall injury can cause a lot of stress and financial hardship. Our legal team has the personal injury experience with people who incur damages while on public and government sidewalks.
If you suffer a serious injury from a fall, call Martin Gasparian, the founder of Maison Law in California, to discuss how to avoid getting stuck with all the bills when a fall wasn’t your fault. Mr. Gasparian offers you a free and confidential evaluation of your case, with no obligation.
Fill out our form and a member of our personal injury team will contact you to learn more about the details of your case.
