What must be done to make a recovery for a trip and fall case
Trip and fall injuries are very common. Sidewalks are often cracked or have broken concrete which can result in a trip and fall. Some parking lots have more pot holes than asphalt. However, just because you trip and fall does not mean you are automatically entitled to a recovery. In fact, trip and fall are some of the most difficult cases to prove. Whether a city sidewalk, a private home or a store parking lot, it can make a difference where you trip and fall.
In order to make a legal recovery for a trip and fall on a cracked sidewalk, you must prove that the condition existed for such a period of time that the owner knew or should have known of the dangerous condition and did not repair the cracked sidewalk. This is not always easy to prove, especially when it comes to a sidewalk owned by the city or town.
What property owners must do to protect you from injury
Property owners must keep adjacent sidewalks, parking lots, driveways and pedestrian ramps in proper repair, free of defects and trip and fall hazards. The law does not say precisely what is a trip and fall hazard, but a landowner must keep their property in a reasonably safe condition and be free from negligence. It is particularly important to keep areas where people walk reasonably safe.
What is reasonably safe in one location may not be reasonably safe in another. A parking lot at a busy store should not have large pot holes which cause a tripping hazard while the same size pot hole may not be negligent in a private driveway. You should consult with a lawyer regarding the potential for bringing a case for your injuries in any trip and fall case.
Examples of trip and fall hazards
There are countless examples of defects which present the potential of causing someone to trip and fall. We have made recoveries for our clients under the following circumstances:
- Deviation of more than ½ inch between sidewalk slabs
- Pot holes in parking lots
- Tree roots causing an uneven surface
- Improper sloping of driveways and sidewalks
- Bolts or other hardware protruding from the walkway
If the defect which caused you to fall is not as obvious as the examples above, contact us to discuss whether we can make you a recovery for what caused you to fall. This is not an exhaustive list and you should consult with McCready, Garcia & Leet regarding and any trip and fall.
Trip and fall cases can happen anywhere
Anywhere you walk, there is the potential of tripping and falling. The law does require you to watch where you are walking and it is a defense if the defect is considered open and obvious. Here are examples of places where McCready, Garcia & Leet have been successful in making a recovery for our clients in trip and fall cases:
- Sidewalks on private property
- Pot holes in parking lots
- Sidewalks at stores
- Sidewalks at restaurants
- City sidewalks
- Pedestrian ramps
When you hire McCready, Garcia & Leet to represent you for your trip and fall accident, our lawyers and team of investigators will photograph and investigate the area which caused you to fall. If legally actionable, we vigorously pursue the responsible parties and make sure your interests are protected. Our job is to prove your legal case and make sure you receive [compensation for your medical bills, lost wages, and pain and suffering]. Contact us to discuss how we can help prove your case or if you have any questions about a trip and fall injury on a sidewalk, parking lot or driveway.
To learn more about a trip and fall case, click on a link below or contact us for a free consultation.