In order to prevail in a trip and fall action, we must prove that your injuries were caused by an unsafe and dangerous condition. Did you trip over a crack in the sidewalk? Complex rules come into play, for example whether the crack is considered a “significant defect”, as well as ownership issues, especially if you fell on a city sidewalk.
Perhaps you were injured while shopping or while a guest at a private residence. Businesses and private property owners have a legal duty to keep their premises safe. The owner of the property has a duty to inspect and maintain the premises to discover any hazardous conditions. Building codes and health and safety laws should be analyzed, as if the injury is caused by a violation of the code, negligence per se arises.
Let Debra A. Newby offer her expertise if you were severally injured on another’s property due to an unsafe or hazardous condition.
Frankly, trip and fall cases are difficult. The injured party must prove that the dangerous condition existed on the premises, creating an unreasonable risk of harm. Typically, the “hazard” is a physical feature or condition that can be identified and measured.
The owner of the property (through their defense attorneys) will typically argue that the injured party was to blame. Thus, the concept of “comparative fault” comes into play.
Check out the following articles written by Debra Newby and published in The Sonoma County Gazette.
Call (707) 526-7200 to schedule a FREE consultation with personal injury attorney Debra A. Newby.