Maison Law represents victims of trip-and-fall injuries caused by potholes in Tulare, California. A trip-and-fall hazard on someone’s property or public space that causes you to suffer an injury is considered a premises liability. The Trip-and-Fall Lawyers at Maison Law will hold the property owner responsible for creating a premises liability and ensure you recover financial compensation for medical bills, lost wages, and emotional damage.
Don’t wait until it’s too late to take legal action. Contact us today for a no-fee, no-obligation consultation.
Do I Need a Lawyer for a Trip-and-Fall Accident Injury?
Yes, it is recommended to consult with an attorney after suffering a premises liability injury caused by a pothole. After a premises liability injury, most victims will be offered a quick settlement by the insurance company of the party responsible. But what most victims don’t understand is that an initial settlement offer does not typically cover the extent of your damages.
The Premises Liability Lawyers at Maison Law will hold the insurance company liable for the full extent of your damages if your injury caused you to need medical treatment or miss time at work. On behalf of our clients in Tulare, we aggressively pursue compensation for:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity, you’ve suffered from your injuries
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
How to Strengthen Your Trip-and-Fall Case
If you suffer an injury from a trip-and-fall accident caused by a pothole, seek medical attention immediately. Nothing is more important than your health. Also, failing to seek medical attention after you’ve been injured can be harmful to your claim if you decide to file a lawsuit. After you get medical care, we recommend the following to strengthen your case:
- Report the injury to management or police (if applicable). Trip-and-fall accidents require a prompt investigation, especially on corporate properties like a Walmart, Target, or Whole Foods parking lot. Reporting the injury will also help your case if you decide to file a premises liability claim against the property owner, company, or government entity.
- Take your own photos of the scene and get witness statements. Hazardous conditions in public or private locations can be removed or remedied very quickly to prevent more accidents, so it is important for you to capture the dangerous environment while it is still there.
- Follow up on your injuries with a doctor. Any injuries you’ve sustained from your accident will become a part of your case, and you will need a doctor to corroborate your injuries.
- Contact Maison Law to protect your rights to compensation. Most accident victims find themselves overwhelmed by the incident and fail to realize the enormous impact a serious injury can have on their lives. Our Premises Liability Attorneys can help you understand your legal options and get you the compensation you need to make a full recovery.
What You Will Need When Consulting with Our Lawyers for the First Time
The initial process of speaking with our law firm for the first time usually starts off with a questionnaire to assess the merits of the case. This questionnaire will provide us with key information to help determine if a case is worth pursuing or not. However, if you’d like to speak directly to one of our attorneys, you can set up a brief meeting to discuss the details of your situation prior to answering a questionnaire. The following data is what potential clients will need when they first sit down with us:
- Employment details: current or former employer, job title, dates of employment, and compensation information.
- Nature of the complaint: type of carelessness that led to your injury (premise liability, reckless driving, defective equipment)
- Timeline of events: dates of key incidents, formal complaints filed, relevant communications with the employer
- Witnesses: names and contact information of potential witnesses to the alleged misconduct
- Documentation: list of relevant documents (x-rays, MRIs, doctor’s diagnosis, physical therapy appointments, workers’ compensation forms)
- Prior legal action: if you’ve filed previous personal injury claims, then the details of your previous case may be relevant to your new case
- Medical information: details about your medical diagnosis and treatment plan
- Social media presence: your injury may be documented online, as well as you discussing the details of your personal injury
Some of these elements may seem irrelevant to your case, but trust us, they are not. Most defense lawyers will use anything they can to diminish the damage done to your life after a motorcycle accident. For example, if your social media account has videos of you constantly getting injured, or putting yourself in harm’s way, they will most likely attempt to use that against you to say you’re injury-prone, even if you were being safe when the accident occurred.
How To Report a Pothole in Tulare
Potholes are a constant issue in Tulare County, with construction crews having filled tens of thousands over the years. Potholes cause so much damage to pedestrians, bicyclists, and vehicles that the city of Tulare has provided citizens with a way to report potholes in the hopes of repairing them before anyone gets injured. To report a pothole or road hazard in Tulare, you should:
- Submit a request at https://www.tulare.ca.gov/government/submit-your-citizen-request and provide details like the pothole location, description of the issue, and photos.
- Contact Public Street Works directly at (559) 684-4290
What the Law Says About a Pothole Premises Liability
California Civil Code 1714a specifies that a person can be held responsible for injuries resulting from reckless, careless, or intentional acts, even if they never meant to cause harm. This law especially applies to property owners, businesses, or government entities who fail to create a safe environment for pedestrians, runners, bicyclists, skateboarders, and vehicles. California’s Civil Code 1714(a) states:
“Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary car, brought the injury upon himself or herself.”
How Do Pothole Injuries on Public Property Differ From Injuries on Private Property?
If you suffered a pothole injury in a public place due to a hazardous condition, pursuing damages can be more complicated than if you were to file a lawsuit against a private property owner. Public spaces are owned by the government. So, instead of filing a lawsuit against a company or individual, you would be filing a lawsuit against the government.
One of the major differences between government entities and private property owners is that the government can claim “sovereign immunity.” Sovereign immunity essentially means that a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty.
However, the California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness (drunk driving, knowingly ignoring hazards, etc.), or corruption. Depending on the circumstances, suing the government for a skateboard accident can be an incredibly challenging process. You will need an experienced tort lawyer who understands government liability to navigate the complex legal process.
Contact a Trip-And-Fall Lawyer in Tulare
If you or a loved one has been injured in a trip-and-fall accident in Tulare, the attorneys at Maison Law can help. We offer a free, no-risk case consultation to all trip-and-fall victims and their families. No upfront money is needed, and we don’t get paid unless we win your case. Contact Maison Law today to get your free case evaluation and see what options are available to you.
