Encino Sidewalk Fall Lawyer

Go to the hospital. After falling on a cracked sidewalk, you should have your injuries evaluated as soon as possible. Sometimes, fractures can become much worse if not quickly diagnosed and treated. Also, documenting your injuries is important for any future legal action you wish to take.

After tripping and falling, call our office immediately. Unlike car accidents, where the statute of limitations is two years, when you are injured by a fall on a sidewalk, you only have six months to begin litigation against government entities (the city, county, state, etc.). You do not have time to spare after being injured by a fall on a public sidewalk! That is why you should speak with our office as soon as possible to ensure that your personal injury claim does not lapse.

Take lots of photos of the cracked sidewalk. It is important to document the crack in the sidewalk that you tripped over. Be sure to take many pictures and measurements of the cracked sidewalk. If there are trees next to the sidewalk or tree roots that are visible, you should take several photos of those items also. If retained, our office will also take photos and measurements.

Responsibility for maintaining a public sidewalk often falls on the city or county in which the defective sidewalk is located. This is because the city or county that owns or controls the sidewalk may owe certain duties and obligations to the general public to keep the sidewalk safe.
Sometimes the responsibility for maintaining the sidewalk may lie with the adjacent property owner. Arguably, this is because the sidewalks can be considered a public asset that belongs to the owner of the adjoining property. However, this does not necessarily absolve the city from their own duties and obligations in relation to the sidewalk.

Other times, depending on the circumstances, a public utility company or some other governmental entity may be liable for injuries caused by a sidewalk accident.

It is often difficult to find out who is liable for a sidewalk trip and fall injury. Liability may even be shared amongst multiple entities. An experienced sidewalk fall attorney can help discern the parties that are likely to be responsible for the injuries.

The law imposes very strict time limitations within which lawsuits must be filed with the courts. You could be forever barred from pursuing your legal remedies and receiving compensation if you fail to meet these time limitations.

Generally, a claim for personal injuries must be filed within two years from the date of the incident. However, if your claim is against a governmental entity, you must file a claim notice within six months of the incident. Therefore, it is important that you act quickly and without delay. The appropriate statute of limitations for a government claim may be complicated and difficult to discern.

An experience sidewalk injury attorney can assist you with how much time you have to file a claim and help determine the parties that are likely to be responsible for your injuries.

A sidewalk fall lawyer may be able to help you obtain the compensation you deserve. Compensation for a sidewalk injury can include, but is not limited to:

– Medical expenses coverage

– Past and future pain and suffering

– Past and future loss of earnings

– Damage to property

According to the California Civil Jury Instructions No. 1100, an injured party that claims that their injuries resulted from a dangerous condition on public property is required to show the following:
1. That [defendant] owned or controlled the property;

2. That the property was in a dangerous condition at the time of the injury;

3. That the dangerous condition created a reasonably foreseeable risk of the kind of injury that occurred;

4. That negligent conduct of [defendant]’s employee created the dangerous condition;

[or]

That [defendant] had notice of the dangerous condition for a long enough time to have protected against it;

5. That [plaintiff] was harmed; and

6. That the dangerous condition was a substantial factor in causing [plaintiff]’s harm.

To be successful in a claim for injury due to a dangerous condition of public property, a plaintiff must prove all six elements. An experienced sidewalk fall attorney can help you prove the elements required to hold the governmental entity liable for your injuries. However, it is important to abide by the strict time limitations required within which a claim must be correctly filed with the appropriate governmental entity.