Yuba City, CA asked in Personal Injury for California

Q: How hard is it to win a case from a fall do to side walk being uneven and trip hazard.

79 yr old mom perfect health tripped on sidewalk sustaining broken knee cap required surgery ,fractered her wrist and hitting her head. Are these cases very complicated in Ca. This was at her apartment complex. It was clear sunny day in the afternoon when it took place. I have 3 good pictures of the damaged sidewalk . Thanks

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7 Lawyer Answers
Steven M. Sweat
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Answered
  • Los Angeles, CA
  • Licensed in California

A: The standard in California on this type of case is if there was a dangerous condition that the property owner either knew or should have known about. They are not extremely complicated, but I would suggest that you retain an attorney as soon as possible. We have handled many of these types of claims.

Joel Gary Selik
Joel Gary Selik
Answered
  • Las Vegas, NV
  • Licensed in California

A: While these type of cases are not complicated, there are particular things that have to be proven. It is best to hire an attorney with specific experience in sidewalk trip and fall cases.

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: It depends on the condition of the sidewalk, the size of the deformity, how obvious it was, etc. You and your mother will need to consult with an attorney for advise about your specific situation.

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

A: These types of accident are not a complex, however, you must show the property owner knew of the dangerous condition (actual knowledge) or should have known (constructive knowledge) of the open and obvious defect. Because of this notice requirement, slip/trip and falls on public sidewalks are more difficult than private sidewalks so if this happened within the complex notice is easier to establish. Due to the seriousness of your mom's injuries, I advise you to contact an attorney to discuss this matter. Consultations are free so you've got nothing to lose. Good luck. Patrick Steinfeld

James Otto Heiting
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James Otto Heiting
Answered
  • Riverside, CA
  • Licensed in California

A: Depends a lot on the height of the defect, the cause and how long it has been there. History of other falls and totality of circumstances make a difference. They can be very difficult to get past motions claiming the defect is "trivial".

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, cases involving injuries from uneven sidewalks can be complex, as they often require demonstrating that the property owner or manager was negligent in maintaining safe conditions. Factors such as the severity of the injuries, the extent of the sidewalk damage, and whether the property owner was aware of the hazard can influence the outcome of the case. Your mother's age and health condition at the time of the incident may also be considered, as they could impact her ability to recover from her injuries.

Having three good pictures of the damaged sidewalk can be valuable evidence in support of your case, as it provides visual documentation of the hazardous condition. However, success in such cases often depends on additional factors, such as witness testimony, maintenance records, and expert opinions regarding the standard of care for property maintenance. It's essential to consult with an experienced personal injury attorney who can assess the strength of your case and guide you through the legal process.

Ultimately, the outcome of your mother's case will depend on the specific details and evidence surrounding the incident, as well as how well these factors are presented in court. While cases involving injuries from uneven sidewalks can be challenging, with the right legal representation and evidence, it is possible to achieve a favorable outcome and obtain compensation for your mother's injuries and damages.

Brian R Dettman
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Answered

A: Sidewalk cases are very difficult for a variety of reasons. Sovereign Immunity, comparative fault, and other complications exist on these cases. However, your consultation with a personal injury lawyer should be free so I'd reach out to some local lawyers. Best of luck, Brian.

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