Just about everyone has at least seen—if not personally picked their way over—a sidewalk with buckled slabs, massive gaps or cracks, tree roots growing through them, or some other major structural flaw that made it hard to use for its intended purpose. Not everyone, though, has ended up getting seriously hurt by slipping or tripping over such a hazard, and if you are one of the people who have, you may already be starting to learn how challenging it can be to hold someone else legally liable for your accident.
Fortunately, that is where an experienced slip and fall attorney could step in to help you understand and then make the most of your rights under civil law. Taking effective legal action over sidewalk slip and fall accidents in Bakersfield is rarely simple even if you have strong grounds for a claim, but with a skilled legal professional on your side, you will have much better chances of securing a favorable case result than you would ever likely have filing suit on your own.
Importantly, not every loose stone or crack in a public or private sidewalk necessarily justifies a civil lawsuit, even if it directly leads to someone falling and getting hurt while using that sidewalk. Under California premises liability law, landowners broadly have a “duty of care” requiring them to keep their property in reasonably safe condition for lawful visitors, but they are not automatically liable for injuries caused by hazards of which they had no actual knowledge of and no reasonable way of discovering before an accident happened.
On top of that, “minor” problems with a sidewalk—for example, cracks less than an inch wide—may not be considered dangerous enough to serve as valid grounds for litigation even if they directly lead to a slip and fall accident in Bakersfield. A court or insurance company might argue that a reasonable person would be able to see and avoid such a small hazard. These are just some examples of the kinds of obstacles that may arise during a claim, which dependable legal counsel could provide vital help with navigating around.
A capable slip and fall lawyer can also help identify and proactively demand compensation from every person and/or entity in Bakersfield who holds civil liability for a sidewalk slip and fall injury. For accidents on privately owned sidewalks, this could mean taking action against a specific person tasked with maintaining a specific sidewalk, the person or company that owns the land the sidewalk is located on, or even a third party who irresponsibly or intentionally damaged the sidewalk.
For accidents on public sidewalks, things get a little more complicated, as there are numerous rules and restrictions for civil claims against government entities that do not apply to other types of slip and fall litigation. Again, though, a qualified legal representative could offer crucial guidance and support throughout the legal process and improve an injured person’s chances of obtaining the restitution they need.
Slipping or tripping and falling onto unforgiving concrete can lead to very serious injuries with no warning and in a matter of heart-stopping seconds. Unfortunately, the process of filing suit against the people who hold civil liability for such an accident can take much longer than a few seconds—in fact, it can drag out for months or sometimes even years at a time.
If you want a fair shot at getting adequate financial recovery for injuries you sustained in a sidewalk slip and fall accident in Bakersfield, you should make contacting a seasoned premises liability lawyer your top priority. Call today for a consultation.
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