California law is quite clear about the responsibility that property owners have toward people legally on their property. The statutes here say that “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury … to another by his or her want of ordinary care or skill in the management of his or her property.” When you are injured in a trip-and-fall accident, there are several key pieces to the “puzzle” of a successful legal action. One is proof of a legitimate hazard. Another is evidence that the person or entity responsible for the property failed to fix the problem, despite the fact that it knew or should have known the hazard existed.
There are many different ways to achieving this proof burden, but it comes down to obtaining the right evidence. To make sure you are getting all the evidence you need and that it is being put together into one coherent and persuasive case, be sure to rely on the skill and experience of a knowledgeable San Mateo injury attorney.
An example of how this process can work successfully was the recent case of A.N. (Yolo County Superior Court Case. No. CVPO-2017-916). Reportedly, A.N. suffered serious injuries in a trip-and-fall accident at her senior living apartment complex in West Sacramento. One day, while exiting the complex’s clubhouse, 80-year-old A.N. used a ramp to walk back to her apartment. A concrete parking block was situated at the base of the ramp. The resident tried to pass through this area, but she tripped. In the fall, she suffered a broken wrist, crushed patella and a “burst” fracture to one of her thoracic vertebrae.