Cracks on sidewalks often result from water erosion, weather changes, soil conditions, and nearby tree roots. Cracks either on public or private sidewalks can be responsible for serious injuries. In the US, over 1 million (12% of the total falls) people visit emergency rooms due to slip and falls according to National Floor Safety Institute. A slip and fall accident causes physical injury and pain. The accident victim suffers economically due the wages and salaries lost, emotionally, and psychologically.
Johnson Attorneys Group has a team of slip and fall accident legal professionals ready to guide you through your case to a resolution. You only need to worry about seeking medical treatment and leave our attorneys to handle the rest. Even if you don’t have any medical insurance, we will help you find a doctor, and even pay the medical costs.
California Slip and Fall Accident Due to Cracks on Sidewalks Laws
Simply because you slipped and fell on a sidewall doesn’t mean that you can recover the damages against the property owner. There should have been a reasonable amount of time for the owner to discover the defect and repair. Slip and fall accidents can happen in residential, commercial or government properties.
Under California law;
- The injured (plaintiff) has to prove the defendant owns or controlled the property
- The owner was aware of the condition but failed to fix it
- The negligence of the defendant had a significant contribution to the accident
Elements Constituting Negligence
- Duty – it is the responsibility of the owner to maintain the property
- Breach of Duty – the owner failed to maintain the property resulting in cracks that lead to the injuries to the plaintiff
- Causation – the proof that the negligence and crack at the property caused the injuries
- Damages – the pain and suffering resulting from the slip and fall accident
It’s the responsibility of property owners to ensure that the sidewalks under their care are safe from any hazards that might lead to slip and falls to the people accessing the properties. That requires frequent sidewalk inspections, danger warnings and to fix any problems as soon as possible. Some California ordinances dictate that the cracks on sidewalks should not exceed 3/4 of an inch.
Sidewalk cracks could result from water break at the mains, or roots from a local or city-owned tree. In that case, the party supposed to do the repairs is to blame and not the property owner. When a public entity is involved, California’s statute of limitations is much shorter. It is important to speak to a lawyer when a public entity is involved.
How a Personal Injury Lawyer Can Help with Your Slip and Fall Injury Case
Just like any other accident, a victim of a sidewalk crack injury has a lot to take care of. The recovery process includes handling the pain and suffering, seeking medical attention, catering to medical bills, dealing with the loss of wages and salaries. Additionally, your insurance company needs to be approached to file your claim to compensate for injuries.
Our legal professionals work to;
- Gather sufficient evidence to prove negligence
- Negotiate for proper compensation
- Handle all insurance matters
- Prepare and file legal paperwork
- Find the best medical care, even if you don’t have medical insurance
Once the accident occurs, we advise that you seek medical attention, preserve the shoes you had when the accident occurred, get photos of the hazardous sidewalk as the owner might decide to repair it.
Get a Free Case Review from our Experienced Personal Injury Attorneys
If you were involved in a slip and fall accident in California, Johnson Attorneys Group has personal injury lawyers eager to help you. We have 12 locations from where we serve our clients. We will not charge you any fees until we’ve won and settled the case. For a complimentary case evaluation, please contact us on 1-800- 208-3538.