Potholes in pavement increase the risk of trip and fall accidents and injuries. If you’re injured because of a pothole, speak to a trip and fall lawyer to discuss possible legal action. Here are possible people who may be at fault if you trip and fall on a pothole:
Private Property Owners
Potholes occur in parking lots, sidewalks, driveways, or streets. Liability for pothole-related accidents falls on the party responsible for maintaining the area. Business and private residence owners are responsible for maintaining their parking lots, sidewalks, and pathways. They owe a duty of care to keep the property safe for visitors. This includes repairing hazards as soon as possible or using signs to warn people about the risk.
If property owners fail to repair the pothole or warn visitors, they are held liable for accidents caused by the damaged ground. Speak to a trip and fall lawyer for help determining who’s at fault. You can report the incident to someone who works on the premises and take pictures of the scene and pothole. Record the time, date, and weather conditions and seek immediate medical attention. Collect witness statements if possible, and keep your medical bills and reports to support your claim.
Public Property Owners
Local municipalities and government agencies maintain public roads and sidewalks. These organizations can be held liable for accidents caused by hazards in the public properties they maintain. Such claims are filed against the state or local government and require a notice of claim. These notices must be filed within a specific period after the accident, so speak to a lawyer as soon as possible.
Municipalities and states usually agree to voluntary mediation if your case is strong. If they decline, you can take them to court and sue for economic and non-economic damages. Economic or financial damages include medical bills, property damage, and loss of income. Non-economic losses include emotional pain and suffering and loss of consortium.
Property Maintenance Companies
Residential property landlords and commercial businesses can hire maintenance companies to handle repairs for hazards like potholes and damaged lighting fixtures. If the team fails to repair the pothole on time, it may be held liable for trip and fall accidents. Courts examine factors like the pothole’s location and how difficult it would be to repair to determine the party’s liability. They also assess whether the property owner was aware of the issue and if they received complaints regarding it.
States usually assign liability based on the type of visitor and duty of care owed to them. Visitors are grouped as licensees, invitees, or trespassers. Licensees include customers and professionals permitted to be on the property to perform a service. Invitees include relatives and others permitted to be on the property for the owner’s benefit. Trespassers don’t have permission to be on the property and are not owed a duty of care unless they’re children.
Shared or Partial Liability
Some trip and fall incidents result in shared or partial liability, where the victim is partly to blame for the accident. Shared fault laws, like pure comparative negligence, modified comparative negligence, and contributory fault, govern partial liability. You may be partly liable due to distractions like walking while texting or failing to notice warning signs. Other reasons for shared liability include prior knowledge of the hazard and rushing or reckless movement.
If your state has shared fault laws, your lawyer must prove the property owner’s negligence beyond any doubt. To prove negligence, the lawyer establishes that the property owner had a duty of care and breached it. Licensees, invitees, and children trespassers are owed a duty of care. The breach of duty must directly result in the fall, and the accident must be tied to your injuries.
Speak to a Trip and Fall Lawyer Today
Experienced personal injury lawyers can guide you through the legal process of submitting a trip and fall claim. Hiring a lawyer allows you to compile a strong case with evidence that proves the defendant’s negligence in repairing potholes in walkways and parking lots. Meet with a trip and fall lawyer today to learn more about your legal rights after an accident.
