When people walk around a public place, whether it’s at a park, on a sidewalk, or in a store, they have certain expectations. For example, when inside, they don’t expect slippery floors. If there is a slip hazard, they at least expect a sign warning them of the slip-and-fall risk.
These expectations apply to outside, too, such as sidewalks. Pedestrians expect sidewalks and walkways to be relatively even, with not potholes or uneven surfaces to pose a trip-and-fall hazard. Should there be a pothole or other hazard, it can lead to a fall that can cause serious injuries. Even with young and healthy individuals, these falls are so dangerous because they usually come as a surprise and victims have almost no way to brace themselves for the fall.
If you’ve gotten hurt from a pothole while walking around Porterville, you may have a premises liability claim that entitles you to financial compensation for your injuries. But to get a fair amount of compensation as quickly and efficiently as possible, you’ll want to talk to a personal injury attorney from Maison Law. To get started, contact us today to schedule a free, no-obligation consultation.
California Premises Liability for Pothole Injuries
California law requires property owners or other responsible entities to exercise reasonable care over the property they control. This includes taking reasonable steps to ensure their property is safe to others who may be on that property. Depending on the situation, the property owner may need to remove the hazard or place adequate warnings so others may avoid it.
This legal duty helps form the legal basis of premises liability concerning potholes. Whether it’s a private landowner or a local government like the City of Porterville, the failure to fix potholes within a reasonable amount of time can result in legal liability for the responsible parties.
One of the key elements in a premises liability claim is that the responsible entity needs to know about the pothole. Thankfully, the City of Porterville has several ways for members of the general public to notify them about potholes.
Reporting a Porterville Pothole
Porterville has only so many city employees, so the Porterville Public Works Department relies heavily on members of the general public to notify them of potholes or other road hazards. To make pothole reporting as easy as possible, Porterville offers several methods for notification:
- Email: Individuals can send an email to fs-dept@ci.porterville.ca.us with a description of where the pothole can be found and using the word “Potholes” in the subject line.
- Telephone: The best number to use is (559) 782-7514.
- Mobile app: Porterville has its myPorterville mobile app that residents can use to notify the city of something that needs to be fixed, like a pothole. The app also provides notification when the pothole has been fixed.
Hiring an Attorney After a Trip-and-Fall Accident in Porterville
You aren’t legally required to hire a lawyer to represent you if you get hurt because of a pothole. Yet it’s strongly recommended that you do so, especially if you:
- Are being accused of being at fault for your injury.
- Suffered significant injuries that require extensive (and expensive) medical care.
- Missed significant time at work due to your injury.
- Have a permanent injury from the fall.
- Are dealing with an at-fault party that denies liability.
- Are receiving compensation, but it’s much less than what you require for your injuries.
- Have been asked to sign a waiver or other legal document that limits your legal rights.
Damages a Premises Liability Attorney Can Help You Recover
Hiring an attorney protects your ability to get the compensation you deserve. If you try to go at it alone, you risk getting low-balled, dealing with delays, or having the at-fault party flat out deny any responsibility for what happened to you. Having a personal injury lawyer ensures you get compensation for things like:
- Past and future medical expenses.
- Lost income, including compensation for reduced earning capacity.
- Cost of living increases you encounter because of your injuries, such as making your home disability accessible or hiring a home-care nurse.
- Emotional distress
- Loss of consortium
- Pain and suffering
If the defendant’s conduct was especially egregious or abhorrent, you might also be entitled to punitive damages. These are intended to punish the wrongdoer and set an example for the general public to deter similar future conduct.
What You Should Do Following a Porterville Pothole Accident
Immediately following your trip and fall, you need to take steps to protect yourself, both legally and medically.
- Step 1: Get medical care for your injuries. Your health is important, and you need to have a professional assess your injuries and develop a course of treatment. Even if you don’t think you’re badly hurt, a minor injury could get worse without treatment or there might be other injuries you didn’t know about. It’s also important to establish your injuries when trying to seek compensation later.
- Step 2: Report the injury to the property owner or management. Reporting your injury may be required if you plan to file a premises liability claim against the business and/or property owner. It’s also helpful for the property owner to know about the pothole so they can fix it and avoid other people from getting hurt by it.
- Step 3: Gather evidence. You want photos of the area where you fell so they can serve as evidence of the pothole and how you tripped and fell because of it. If there were witnesses, try to get a summary of what they saw, their names, and contact information. There’s also a high probability that a security camera or someone’s smartphone captured the fall or what happened just before it.
- Step 4: Follow your doctor’s recommendations. If your doctor or other healthcare professional advises you to complete certain treatments, it’s best to do so. Ignoring their recommendations implies to the at-fault parties that your injuries aren’t as bad as you claim them to be.
Liable Parties for Pothole Injuries
Because a pothole often exists on public property, identifying the legally responsible party for your injuries is sometimes easier said than done. For example, if the pothole exists on a sidewalk, liable parties could potentially include:
- The City of Porterville
- The County of Tulare
- The state of California
- The sidewalk construction company
- The company contracted to make sidewalk repairs
- Private property owner (who might be responsible for the sidewalk in front of their property or might have negligently created the pothole)
Suing the Government Following a Trip and Fall Accident
If it turns out one of the at-fault parties is a government entity, things get a little more complicated, and there are several reasons for this. First, instead of the normal two years to file your personal injury lawsuit, you may have just six months. Second, there may be additional legal standards or hoops to jump through to prove your case, such as those outlined in the California Tort Claims Act.
To get a complete grasp of what suing a government entity for personal injuries can entail, it’s best to talk to a personal injury attorney who understands the intricacies of government liability.
Talk to a Trip and Fall Attorney in Porterville
If you or someone close has been hurt from a trip and fall caused by a pothole in Porterville, you’ve come to the right place. The lawyers at Maison Law have extensive experience handling premises liability claims like these and know how to navigate the insurance, legal, and government processes to get you the compensation you deserve. We also understand how much an accident like this can have on your life and the lives of those around you.
Contact us today to get started with your no-cost, no-obligation case evaluation and consultation. You don’t pay us a thing unless we obtain a recovery on your behalf.
