If there’s a pothole in a public space, then that creates a significant trip-and-fall hazard for a member of the general public. This can create premises liability for the entity responsible for that property, such as a business owner, even if the pothole is located on private property.
If you’re hurt in a trip-and-fall accident, you may have legal rights when it comes to seeking compensation for your injuries. However, this legal recovery process can become more complicated if your injuries are the result of a pothole.
Luckily, the pothole premises liability lawyers from Maison Law are here to help.
We know how to hold property owners responsible for creating hazards and make sure you get the compensation you need and deserve. To find out how we can assist you, contact us to schedule a free, no-obligation case review.
California Premises Liability Law
Under statutory and case law, every person and other legally recognized entity has the responsibility to take reasonable steps to avoid harming others, even if the conduct is accidental. The key here is reasonableness, in that courts won’t hold people or businesses to impossible standards.
For example, imagine a shopping mall owner knows about a pothole in its parking lot, but does nothing to fix it for months and months. Eventually, that pothole leads to someone getting hurt. That owner could potentially be liable for the person’s injuries. However, that same owner may not be liable for a trip and fall due to the pothole if they only learned about the pothole a few days before the accident occurred.
In this hypothetical, it’s unreasonable to allow a dangerous condition to exist on your property for an extended timeframe. But at the same time, courts wouldn’t expect the shopping mall owner to have that pothole fixed immediately.
Reporting a Pothole in Tulare
Potholes are a major problem in Tulare, just like in many other municipalities across the state and the rest of the country. To help address this issue, the City of Tulare has a special Submit Your Citizen Request webpage that allows individuals to report issues, such as potholes. Alternatively, someone can call the Public Street Works department directly at 559-684-4320.
Who Could Potentially Be Liable for My Pothole Injury?
Unlike many other personal injury cases where there’s often just one defendant, going to court for a pothole injury can involve multiple defendants. Oftentimes, the lawsuit will include two or more of the following parties:
- State of California
- County of Tulare
- City of Tulare
- Construction company that built the road where the pothole is located
- Contractor that was hired to maintain or repair the road with the pothole
- Private property owner
How Premises Liability Differs Between Public and Private Property
As mentioned earlier, premises liability applies to hazards on both private and public property. That said, the process for obtaining compensation for injuries caused by the pothole will differ based on who owns the property and where the pothole is located. Generally speaking, if a pothole is situated on public property, it can sometimes be more complicated to obtain recovery.
A major reason for this increased difficulty is that when the government is a defendant in a lawsuit, it can often claim what’s called “sovereign immunity.” This is a legal doctrine that basically means a government is immune from civil liability when the government or its employees are responsible for injuring another person. Yet there are limits to this immunity, such as special laws that create exceptions to limited cases, like the California Tort Claims Act.
Even with these exceptions, suing a government entity is far different than suing a private entity, like an individual or business. For one thing, there might be less time to file the lawsuit when the defendant is the government. Another hurdle is that it might be harder to prove legal liability. Finally, an individual might need to take certain steps, like filing an administrative claim, before they can sue the government in a court of law.
Given these complexities, it’s important to talk to a personal injury lawyer who understands how government liability works. This legal advice can be critical for preserving legal claims and maximizing recovery.
Injuries That Can Arise From a Pothole Trip-and-Fall Accident
Regardless of who’s liable, slip-and-fall injuries caused by a pothole can lead to a wide range of injuries, including:
- Broken collarbone
- Knee injuries
- Ankle injuries
- Food injuries
- Shoulder injuries
- Broken wrist
Should I Hire a Lawyer After a Trip-and-Fall in Tulare?
Each case and situation is different, but yes, you’re usually better off hiring a lawyer to represent you when seeking compensation for your trip-and-fall injuries. It might seem like this is unnecessary, especially if the property owner or business is quick to provide a settlement offer through its insurance company. Yet these are almost always low-ball offers.
Sometimes, this is intentional, although on rare occasions, it might be due to incomplete information. This might happen if you don’t fully understand the extent of your injuries and what seems like a minor health issue ends up becoming a lifelong chronic problem with medical bills for decades. By hiring an attorney, you increase your chances of recovering:
- Lost income
- Lost future earning potential
- Unpaid medical bills and future medical expenses
- Cost of living increases as a result of your injury (such as hiring someone to do yard work you used to do, but are no longer able to do)
- Emotional distress
- Pain and suffering
A lawyer is also invaluable if there’s a possibility you’re partially at fault for your pothole accident.
Partial Fault and Comparative Negligence
California is a pure comparative negligence state, meaning it requires plaintiffs to accept a lower damage award if they contributed to their losses. The good news is that a plaintiff can recover at least some money, as long as they’re not more than 99% responsible for the accident.
For instance, let’s say you’re entitled to $75,000 in damages for your fall. But a court believes you were 33.3% at fault for not seeing the pothole because you were looking at your phone at the time of the accident. You can still recover $50,000 ($75,000 x 33.3% = $25,000; $75,000 – $25,000 = $50,000).
How To Improve Your Chances of Recovery After a Trip-and-Fall
After your trip-and-fall accident, there are things you need to do to protect yourself, both medically and legally. The first thing you should do is get medical attention. If necessary, call 9-1-1, but if your injuries aren’t immediately life-threatening, see a doctor or your primary care provider as soon as possible.
You need to confirm the severity of your injuries, as well as begin treatments to keep certain injuries from getting worse. Any delay means treatment could take longer and be more expensive. The at-fault party will also latch on to this delay and use it to argue that your injuries aren’t that severe and your claimed damages are far less than you contend.
Once you’ve received medical attention, you should report the pothole to the property owner. This helps prevent others from getting hurt, but it can also help your case if you decide to file a premises liability claim against the property owner.
Don’t forget to follow the medical advice of your healthcare provider. This is important to create a record of your injury and allows someone else to confirm the extent of your injuries. Following your doctor’s recommendations is also going to help you heal and get well faster, too.
Finally, you should talk to a premises liability attorney, such as someone from Maison Law. We can help you gather evidence from the scene to strengthen your case, as well as reach out to witnesses who might have testimony that can support your side of the story. We’ll also negotiate with insurance companies and potentially reach a settlement that provides you with fair compensation without having to go to court.
Get in Touch With a Tulare Trip-and-Fall Attorney
Tulare is a wonder place to live and work, but sometimes there are hazards that can make going about your daily life dangerous. If you’ve been hurt by a pothole as a pedestrian, customer, or guest, you should consider your legal options. You may be entitled to compensation that includes reimbursement for out-of-pocket expenses, as well as lost wages due to missed days at work due to your injuries.
You won’t know what your options are unless you contact Maison Law today. There’s no fee for the initial consultation, and you don’t pay a dime unless we can recover money on your behalf. You’ve got nothing to lose by reaching out.
