Trip & Fall Accidents

CRACKS, UNDULATIONS, VERTICAL RISES IN WALKWAYS/SIDEWALKS: 

Cracks in public and private sidewalks, walkways, ramps, streets, parking lots, stairs, etc., often occur due to neglect from landowners or property managers. Some typical causes of cracks or defects are tree roots, water erosion, or crumbling due to age. Typically, you need above ½” [half an inch] high vertical rise to have a viable claim on any sidewalk/walkway crack to overcome what is called the "Trivial Defect Rule". Courts usually deem cracks under half an inch to be “de minimize" and not actionable for filing a personal injury claim, although there are numerous other potential considerations in any given case. Craggy depressions due to erosion can also make a viable claim depending on the size and extent of the depression, whether it holds water or moisture (causing ice in cold weather) and whether it is deemed significant enough to be a violation of ASTM Guidelines [American Section the International Association for Testing Materials], NFSI guidelines [National Floor Safety Institute], ANSI Standards [American National Standards Institute], California Building Codes, or ADA [Americans with Disabilities Act]. Typically, these standards require a flat surface free of abrupt elevation changes that can take pedestrians, customers, the elderly, or children unawares, causing injury. Child & Jackson retains quality experts, safety engineers, human factors experts, arborists, licensed contractors, and other experts to determine whether the nature and extent of the crack, defect, or the condition warrants a violation of industry and government standards. If you believe that you were injured because of a crack in a walkway, give us a call and email us pictures of the crack and we will determine whether you have a case.

STAIRS: Stairs made of concrete or other similar material can blend in with their surroundings, causing pedestrians to misstep and fall, resulting in serious, even fatal, injuries. The first and last steps should be marked with a yellow stripe  and friction strips to ensure solid entry and exit of the stairwell. If there are only one or two steps that are concrete, against a backdrop of concrete, these strips are even more important, as the concrete visually recedes with certain lighting and can cause tripping hazards and serious injuries. This is particularly important for the elderly, disabled, and children. Stairs may have protruding or retracting nails, broken or loose boards, or overgrowth that causes tripping hazards. Child & Jackson has litigated numerous staircases involving serious fractures, reconstructive surgeries, and life-changing injuries. If you believe stairs contributed to a fall that caused you serious injuries, send us pictures of the stairs and we can ascertain whether you have a case.

PARKING LOTS: There are specific rules for paint markings in parking lots, particularly for undulations such as asphalt speed bumps. Child & Jackson has represented numerous clients that have suffered serious fractures, requiring surgery, from unmarked/unpainted speed bumps that blend into the surrounding asphalt. Such hazards can cause serious fractures or other injuries to the elderly, disabled, children, or even grown adults. Handicapped parking spaces and other ramped areas must also be properly marked (see “RAMPS” above). Parking lots are known to have the disabled, elderly, and children routinely walking on them, and must be properly maintained. There are industry standards for applying a slurry seal to ensure there is no plant growth through cracks, root undulations (lumps or bumps caused by roots), and hazardous cracks. Parking blocks are discouraged by many safety institutions due to their propensity to cause injury, but if used, should be well-marked in a well-lit parking lot. Child & Jackson has represented numerous clients regarding defective parking lot cases where the disabled, elderly, and children were seriously injured, including cases of fractures requiring extensive surgery. If you have been injured due to a defect in a parking lot, send us pictures of the scene and we can help you determine whether you have a case.

OTHER DEFECTIVE/DANGEROUS TRIPPING CONDITIONS AND DEBRIS: There are endless conditions that can cause injuries. Here are just a few types of cases Child & Jackson have represented clients concerning:

• Collapsed flooring: Mobile/manufactured homes can rot to the point that tenants fall through the floor, causing serious injury.
• Fence Posts/Metal Protrusions/Wood or Plant Protrusions: When taking out fence posts, door stops, trees, bushes, or railings, sometimes contractors leave protrusions that cause people to trip and fall.
• Unintended Walkways: Parking lots can be designed in such a way that a de facto walkway emerges where pedestrians walk through grass or foliage to get to their apartment or office building, creating an unsafe well-worn path. Landowners are required to place walking stones and otherwise make such pathways safe where it is apparent that pedestrians will continue to walk due to access difficulties.
• Concrete/Asphalt Undulations: It is surprising how often contractors leave concrete undulations, blotches, or lumps that they use to cover piping or drains, or simply forget to clean up, without properly marking the concrete.
• Bush Overgrowth: Bushes can often leave debris, leaves, and other material on a sidewalk or stairwell while simultaneously covering the railings, making the area unsafe.
• Tree Roots and Branches: Tree roots are a major cause of cracks in concrete or asphalt, but their branches and leaves can also leave a residue that can become very slippery on wood decks or stairwells. Branches can cover stairwells or upper decks, creating unsafe conditions.
• Debris: Construction debris, garbage, leaves, etc., can cause tripping hazards. Landowners and business owners are required to inspect their properties to make sure they are reasonably safe for pedestrians and customers.
  

THE LAW FOR NEGLIGENCE AND COMPARATIVE FAULT ON TRIP AND FALL CASES:  California Civil Jury Instructions [CACI] are the actual jury instructions given to the jury when trying premises cases. Here are a couple of the basic instructions [“Plaintiff” is the injured person, “Defendant” is the business/insurance carrier that is being sued]:

400. ESSENTIAL FACTUAL ELEMENTS:

JOHN DOE claims that he was harmed by DEFENDANT’s negligence. To establish this claim, JOHN DOE must prove all of the following:

1. That DEFENDANT was negligent;
2. That JOHN DOE was harmed; and

That DEFENDANT’s negligence was a substantial factor in causing JOHN DOE’s harm.

401. BASIC STANDARD OF CARE:

Negligence is the failure to use reasonable care to prevent harm to oneself or to others. A person can be negligent by acting or by failing to act. A person is negligent if he or she does something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation. You must decide how a reasonably careful person would have acted in DEFENDANT’s situation.  The above standard applies to all premises cases. The failure of a defendant to do something that a reasonably careful person would do is a breach of the standard of care applied in all premises slip and fall & trip and fall cases. In most instances, cracks in sidewalks, defective steps, spills, etc., are conditions that reasonably careful people would clean up or warn customers or pedestrians about if they exist. Therefore, in premises cases, often the pictures of the condition or defect itself are the best evidence in establishing liability.

405. COMPARATIVE FAULT OF PLAINTIFF:

DEFENDANT claims that PLAINTIFF’s own negligence contributed to her harm. To succeed on this claim, DEFENDANT must prove both of the following:

1. That PLAINTIFF was negligent; and
2. That PLAINTIFF’s negligence was a substantial factor in causing his harm.

If DEFENDANT’s proves the above, PLAINTIFF’s damages are reduced by your determination of the percentage of PLAINTIFF’s responsibility.

The above gives rise to perhaps the most common defense by insurance companies in Slip and Fall or Trip and Fall cases: COMPARATIVE FAULT. Typically, the defense tries to establish that the injured person was negligent themselves by not looking where they were going [i.e., they should have seen the spill, crack, tripping hazard, etc., before tripping or slipping on it]. This is somewhat of a psychological issue, because most people walk with a narrow area of focus ahead of them, using their peripheral vision to unconsciously take care of things approaching their feet and other areas that are in the ancillary field of vision. Insurance carriers often try to confuse clients by this difficult to describe process, by trying to make clients look like they were being reckless or unsafe, even when they were just walking normally. Our firm is well acquainted with this and other techniques by defense attorneys and insurance carriers. We retain human factors experts that are well acquainted with all of the techniques used by the insurance carriers to undermine legitimate claims, and we fully prepare our clients to navigate these legal strategies and tactics that are based more on trickery and chicanery than relevant, practical reality.