Maison Law can help you if you’re hurt in a trip and fall accident because of a pothole in Visalia. Potholes and broken pavement aren’t just a problem for cars or motorcycles. A single uneven spot in a sidewalk or parking lot can catch your foot just as easily—and a fall like that can lead to serious injuries. If a pothole caused your fall in Visalia, our team can help you understand what comes next. Reach out today for a free consultation.
Do I Really Need a Lawyer?
Trip-and-fall accidents happen in an instant. You’re walking a route you’ve taken dozens of times, your foot hits uneven pavement, and suddenly you’re on the ground. At first, it’s tempting to brush it off as bad luck or a moment of distraction. But the injuries that follow—back pain, fractures, head injuries—can linger long after the shock wears off.
This brings up a lot of questions, including whether you really need a lawyer or not. That’s entirely up to you, but in a situation such as this, it can really help. Our team can help you with:
- Getting a clear picture of what your options really are
- Gathering important information before it disappears
- Figuring out who was responsible for maintaining the area
- Handling the claims process, whether it stays out of court or moves forward
The focus isn’t the misstep itself—it’s whether the property should have been reasonably safe to begin with. Acting early matters, because sidewalks get patched, parking lots get resurfaced, and evidence doesn’t stick around.
What’s Worth Documenting After a Trip and Fall Caused by a Pothole?
The first hours and days after a pothole fall are more important than most people realize. Details fade quickly, conditions change, and once repairs are made, proving what caused your fall becomes much harder. That’s why it’s worth documenting the accident scene as best you can. Here’s what to focus on:
- Photos or videos of the spot where you fell. If you can, take a few pictures of the pothole or broken pavement as it actually looked that day. Try to show how deep or uneven it was and where it sat on the walkway. Including something familiar nearby—a curb, a railing, a storefront, even your shoe—can help show just how big the problem was. A wider shot can also show lighting and why it wasn’t easy to see.
- Anything that was damaged in the fall. Torn shoes, ripped clothes, a cracked phone—hang onto them before replacing anything. Those items help tell the story of how hard the fall was and what it caused.
- People who saw what happened. If anyone witnessed the fall or had noticed the pothole before you tripped, getting their name and contact information can make a real difference later on.
- Reports and your own notes. If the city, police, or property management made a report, find out how to get a copy. It also helps to write down what you remember while it’s still fresh—where you were going, what you saw, and how you fell. Small details tend to fade faster than people expect.
This can feel like a lot to think about when you’re injured. And once a fall is reported, the responsible party often moves quickly to fix the area. Legal help can take some of that pressure off by tracking down records and preserving evidence.
Who May Be Responsible for a Pothole Trip and Fall Accident?
Outside of your injuries, the biggest issue in these cases is responsibility. Pothole falls aren’t always straightforward. Liability usually comes down to one question:
- Did the owner or agency responsible for the property know—or should they have known—about the pothole and fail to fix it within a reasonable amount of time?
This sounds straightforward, but in reality, it’s not that simple. A lot of different groups have varying levels of responsibility when it comes to sidewalks, walkways, and other places where these accidents happen. Most of the time, though, responsibility will fall on:
- The City of Visalia or Tulare County
- The State of California
- A private homeowner
- A business or property management company
In many cases, more than one person or group of people may be involved, which is why responsibility often gets passed around. But this is a crucial point because whoever controls the property tells you how your claim will work.
What Kind of Claim Can I File After One of These Accidents?
The dividing line for the type of claim you’ll file when you’re hurt in a trip and fall accident caused by a pothole is pretty straightforward: it depends on whether the pothole was on public or private property.
- Falls on public property. If the pothole was on a city sidewalk, street, or other area that the government oversees, California law requires the claim to go through a specific process under the California Tort Claims Act (CTCA). Here’s how it works:
- You have to file a Notice of Claim within six months of the fall, outlining where it happened, what caused it, and how you were hurt.
- After that notice is filed, the government has 45 days to investigate and respond. In most cases, damages also need to exceed $10,000 for the claim to move forward.
- You have to file a Notice of Claim within six months of the fall, outlining where it happened, what caused it, and how you were hurt.
If the claim is denied—or they don’t respond in time—you can then file a lawsuit in California state court.
- Falls on private property. If the pothole was on private property, the process is more familiar. It usually involves you filing an:
- Insurance claim or a personal injury lawsuit.
- Insurance claim or a personal injury lawsuit.
There’s no special government notice requirement in these cases, but you generally have two years from the date of the fall to file. Once the claim is filed, it’s about getting “damages” for your:
- Medical bills and future treatment
- Missed work or reduced earning ability
- Damage to personal items
- Physical pain and emotional stress
- Long-term limitations or changes to daily life
Location matters because some areas develop the same hazards repeatedly. Understanding where the fall happened often explains why the danger wasn’t fixed sooner.
Where Do Pothole Trip and Fall Accidents Happen in Visalia?
Most pothole trip-and-fall injuries in Visalia don’t happen in random places. They happen in spots people walk through every day—the kinds of places you don’t think twice about until something goes wrong:
- Older sidewalks in established parts of town, especially around Downtown Visalia, where concrete has shifted over the years and repairs don’t always keep up.
- Shopping centers and grocery store parking lots, particularly along stretches like Mooney Boulevard, where heavy car traffic slowly chews up the pavement near entrances and crosswalks.
- Apartment complexes with shared walkways and drive lanes, where cracked pavement becomes “normal” and problems can sit unfixed for months.
- Sidewalks that dip into driveways, especially on busier streets, where cars constantly rolling over the same spot wear the surface down unevenly.
- Construction areas, where temporary patches, loose edges, or uneven surfaces stick around longer than they should.
- Poorly lit walkways, early in the morning or after sunset, when cracks and holes are almost impossible to see until you’re already stepping into them.
Most people aren’t distracted or careless when these falls happen. They’re just walking familiar routes and trusting the ground beneath them to be reasonably safe. Unfortunately, when owners or the government fail to take their duty seriously, you’re the one that ends up hurt in a trip-and-fall accident.
Reach Out For Legal Help After a Pothole Trip and Fall Accident in Visalia
When you’re hurt in a trip-and-fall accident over a pothole in Visalia, it’s incredibly frustrating. Basically, you’re left dealing with pain, medical bills, and other problems all because of something that was entirely preventable.
At Maison Law, we understand how difficult the claims process can be with these kinds of accidents. We’ll be there to untangle liability, guide you through the claims process, and get you back on your feet. Reach out today for a free consultation today.
