Trip/Slip and Fall

PREMISES LIABILITY – SLIP/TRIP AND FALL


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.


Client Review
“My errand to Home Depot turned out to be a nightmare.  My eye was severely injured to no fault of my own.  Debra was very understanding and caring.  She did everything she said she would do, plus more.” — Lois F.

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.

Wheel Stops Nightmare – Part 1
Wheel Stops…Friend or Foe? Part 2
Who Pays Medical Bills in a Negligence Case?


Tips to Think About
  • Always take a picture of the hazardous condition, ideally with a tape measure or yardstick to gain perspective, if needed.
  • Save the shoes you were wearing at the time of the trip or fall.  They will be key evidence.
  • If you were injured on public or government property (for example, public schools and colleges, mass transit, public hospitals, and state agencies) you must file a claim against the government entity within six months of the injury. 

Contact Us

Call (707) 526-7200 to schedule a FREE consultation with personal injury attorney Debra A. Newby.