Trip-and-Fall Lawsuits: An Overview
Trip-and-fall lawsuits originate from, as the name suggests, a trip and a subsequent fall to the ground. A trip occurs when the plaintiff is walking, and her toe catches on an object unexpectedly and unreasonably protruding from the ground. A trip may also occur when the ground has an unexpected pit or pothole.
For example, plaintiffs can trip over an illegal curb-cut made by a property owner to create a driveway. The curb-cut may violate city codes and ordinances; that is, it may be too steep, abrupt, in an unusual place, or not flush with the adjacent street. The inevitable result is a trip-and-fall.
Municipalities are responsible for maintaining sidewalks and streets in a reasonably safe condition. A pedestrian may trip over rebar or a metal stake protruding dangerously out of the sidewalk. If the rest of the sidewalk is fine, the pedestrian will be lulled into believing that there is no protruding rebar. The pedestrian may be reasonable in her belief that protruding rebar probably does not exist, and thus the need to constantly scan the ground for it is unnecessary.
As other examples of trip-and-falls, a person descending into an underground garage may suddenly trip on an unexpected hazard where lighting is too dim, the descent too steep, an intermediate landing is lacking, and handrails are lacking. Store owners may be liable where a rollerblader trips while riding a ramp in violation of code, or where an employee trips on stairs in violation of code.
Lastly, in order to bring a lawsuit, a person needs to suffer a real, lasting injury. If a person is merely surprised or scared, or suffers brief pain from a bump, she probably will not recover. Plaintiff needs to go to the hospital immediately in order to document the trip-and-fall accident.
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Last Modified: 05-11-2009 04:17 PM PDT
