Creation of a Hazard
Sidewalk accidents happen every day. For this reason, every retail outlet has a duty to keep its premises safe for those coming onto their property. This always includes the sidewalk in front of their store. California law states that a sidewalk injury hazard or dangerous condition is created in two ways:- The owner created the sidewalk accident hazard through negligent maintenance or other means, or
- The owner knew, or should have known of a sidewalk accident hazard and did nothing (or did something inadequate) to fix the condition.
If the owner caused the problem by faulty or negligent repair, or they knew of the hazard and did nothing, then anyone hurt as a result will have a claim against the owner for negligence. For example, let’s say a restaurant has a defective sidewalk out front. Knowing sidewalk accidents can occur easily, they should, at the least, place a caution sign over the cracked sidewalk so no one gets hurt. Better yet, they should repair the defective sidewalk to mitigate the risk of a sidewalk accident happening. But if the restaurant pays no mind to the issue, therefore being negligent with the maintenance of their property, they can be held liable for the accident they cause since they are the property owner,
If you ever find yourself in this situation, just know that our personal injury lawyers have the skill and experience to fight on your behalf. Broken bones, brain injuries, and spinal injuries are quite serious and common after sidewalk accidents. When a Los Angeles property owner fails to uphold their duty of care, and a fall accident occurs, proving negligence is the most important next step. Our team has experience proving negligence in sidewalk falls, and will work hard to pursue reimbursement for your economic and non economic damages.
Defenses to a Negligent Maintenance
California law also allows the store owner to show that either they didn’t create the hazard (such as a sidewalk defect), or the hazard came up and they fixed it at a reasonable time. The key here is reasonable. How much time is reasonable? The law doesn’t specify, it just looks at what a typical, prudent landowner would do under the same or similar circumstances. After a sidewalk accident, the owner of the property will be scrambling to find a defense for their negligence. But, due to our experience with personal injury claims of this nature, we know how to fight back against these defenses, defending your sustained injuries and holding the negligent party accountable.Sidewalk Injuries
As lawyers who handle many personal injury cases per year, we know any sidewalk accident can produce serious injuries, especially to the elderly or those in poor health to begin with. Some of the common serious injuries that can happen from a sidewalk accident are:- Traumatic Brain Injury
- Broken Bones
- Broken Wrists
- Shattered Kneecaps
- Broken Hip
- Broken Collarbone
- Twisted Ankle
- Road Rash
What Kind of Expenses Can A Sidewalk Injury Attorney in Van Nuys Fight For?
If you've suffered a serious injury from a sidewalk accident, personal injury attorneys can help you navigate the legal process to secure compensation. Compensation can include both economic and non-economic damages after the sidewalk accident. A successful personal injury claim can cover: Medical expenses: Reimbursement for medical expenses includes costs for immediate emergency care, hospitalization, surgeries, medication, physical therapy, ongoing medical treatments, and any necessary medical equipment. If you’ve suffered broken bones, brain injuries, spinal injuries or any other physical injuries, we’ll fight for your right to money to cover these expenses. Lost wages: Compensation for the income lost during recovery time, including any future earnings if the injury impacts your long-term ability to work. A sidewalk accident can leave you out of work for many months - we’ll make sure you don’t miss out on cash in your paycheck. Pain and suffering: Property owners need to be held accountable for the emotional distress that can be caused by a sidewalk accident. We aim to fight for financial reparation for the physical pain and emotional distress caused by the serious injury, acknowledging the profound impact on your quality of life.
Rehabilitation costs: If you’ve been injured on a defective sidewalk, you may need long term rehabilitation. We help our clients get coverage for physical therapy, occupational therapy, and any other rehabilitation services needed to aid their recovery and regain functionality after sidewalk accidents.
Property damage: Personal injury claims also fight for reimbursement for any personal items that were damaged or destroyed during the sidewalk accident, such as clothing, electronics, or other personal belongings. Ask our law firm if this applies to your case.
With the expertise of personal injury attorneys, you can ensure all aspects of your sidewalk accident are addressed and compensated.
