Orange, CA asked in Personal Injury for California

Q: If I tripped where I live over a sidewalk that was lifted and broke my nose and more, could I sue?

I also had severe nerve damage and just had surgery. The Apartments know about my nose only through people. What do I do?

Related Topics:
4 Lawyer Answers
Dan Rowan Cortright
Dan Rowan Cortright
Answered
  • Rohnert Park, CA
  • Licensed in California

A: Yes, if there was a dangerous condition on the apartment complex property, you can sue for your injuries caused by that condition. Contact a personal injury lawyer on Justia. Consultations are typically free.

Tim Akpinar agrees with this answer

William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: This can be a good case. It depends on the sidewalk. Sometimes, they are lifted only a little bit, and the property owner isn't liable. Sometimes, the defect is "open and obvious". Sometimes, the victim is very familiar with the sidewalk and the defect before the injury.

I would suggest that you take photographs of the sidewalk defect (from a distance and close up) and that you contact a personal injury attorney to discuss. Your injuries are significant enough that someone will want to help you. Consultations are free.

Patrick William Steinfeld and Tim Akpinar agree with this answer

Patrick William Steinfeld
Patrick William Steinfeld
Answered
  • Coronado, CA
  • Licensed in California

A: If the landlord was aware (or should have been aware) of the dangerous condition they have a legal duty to fix the sidewalk. Take pictures of your nose while swollen and discolored for a future claim. Take pics when your nose is at its worst. Take pics of the dangerous sidewalk with a ruler or tape measure to establish the depth of the broken sidewalk. Contact a personal injury attorney. We all provide free consultations and many of us practice throughout the state.

Tim Akpinar agrees with this answer

Brett Christopher Drouet
PREMIUM
Brett Christopher Drouet
Answered
  • Los Angeles, CA
  • Licensed in California

A: Yes, you can sue, and you should contact an experienced attorney as soon as possible. Trip and fall cases are some of the most difficult cases to successfully prosecute, which means you need the right lawyer to represent you.

Some of the key factors are (1) how much is the sidewalk lifted (typically, looking for at least 3/4" height differential), (2) lighting conditions (e.g., day, dusk, night (lighting), (3) other conditions, e.g., dirt, brush, leaves, which obstructed your view of the defect, (4) were you disabled before the incident, e.g., musculoskeletal problems, vision problems, etc.?, if so, there may be ADA violations, and (5) who owns (landlord or city/county) or controls (landlord) the sidewalk to name a few.

An experienced attorney will able tell you the strengths and weakness of a trip and fall case, which they will need to hire a consultant to gather evidence, e.g., take measurements, photographs, and your attorney also needs to determine who owns or controls the sidewalk - this is critical to determine as soon as possible because you would have 6 months from the date of the incident to present a governmental claim to preserve your rights to sue that governmental agency.

Again, trip and fall incidents on sidewalks can be quite complex, so get a free consultation with an experience attorney, who has to least 20 years experience, which they have represented both plaintiffs and defendants, because they can give you insights, guidance and best opportunity for a successful resolution for you.

Tim Akpinar agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.