Were you injured because you tripped on someone else’s property? Learn about tripping hazard injuries and whether you can recover damages in this video by our Ventura slip and fall attorney.
Read Our Slip and Fall Injury Guide
Unfortunately, tripping and falling because of hazards happen on a very frequent basis, and people have questions about it. Here is what you need to know, and what is important in a tripping hazard case.
Did the property owner know about the hazard? Say, for example, you’re going down a walkway at a business and the sidewalk is raised two inches on one side because a tree root grew under it. Well, we know that root didn’t grow there overnight and that has probably been uneven for a long time, and that that property owner didn’t do anything about it. They didn’t come out and spray it orange and they don’t have any caution signs there. They didn’t do anything to even it out. In a situation like that, it’s quite likely that they could be held responsible. However, if it’s just a quarter of an inch of a rise, well, then that’s something where maybe they aren’t responsible.
Say, for example, there’s a parking lot. The parking lot has deteriorated, and there are a lot of potholes in it with insufficient lighting. You’re out in the parking lot at night, you’re going to your car from a business, and the overhead lights are out. They have a maintenance problem, and they could very well be responsible for all of your injuries and all of your damages.
The bottom line on these tripping hazard cases is that they are very fact-specific. Somebody is going to have to look at what the facts were, what it was that specifically caused you to fall, and what the property owner’s knowledge was on that hazard, and whether or not they did anything about it. The only way that you’re really going to be able to protect yourself is to make sure that you get an attorney who is skilled and experienced in dealing with these tripping hazard cases and that they get involved very early on, so that they can conduct an investigation to make sure that they get all of the evidence that is required to prove your case.