Legal Question in Personal Injury in California
I broke my right ankle, and injured my left knee when stepping on a non visible portion of raised pavement in a shopping center parking lot in Redwood City, Ca. Chubb Insurance says that their client is not responsible, as I should have seen this hazard and avoided it. From the angle I was walking, the 1" separation was not visible. In fact, it looked as though there was a previous repair made to the area and smooth from my walking direction. It is very obvious and visible from the opposite direction. I took photos from both directions, which show this.
Isn't the shopping center owner responsible for maintaining a safe and maintained parking lot? They are refusing to pay any related medical bills, physical therapy or for pain and suffering. I have a very weak ankle, with frequent sharp pain and "cacking" and the left knee still hurts and when kneeling on it, sharp pain when climbing stairs and walking for period of time.
What can I do?
9 Answers from Attorneys
The first thing you should do is go to my website at www.slip-and-fall.net to read about these types of accidents. You should have reported the accident but not talked to the defendant's insurance company.
My firm handles cases like this all over the State of California. You may call me for a free consultation at 800-816-1529 x.1.
The first thing you should do is call me without delay: (877) LION-FOR-LAW (546-6367). This is the sort of case that requires an attorney. Your injury is serious--serious enough for the insurance company to be putting you off with nonsense. There's no way they will voluntarily pay you. It will take the threat of legal action, and for that you need a lawyer.
The first thing I will do is inspect the scene and consult with an expert about the nature of the defect. With liability established, the focus will be on investigating the full extent of your injuries: what treatment will you need, and what degree of permanent impairment will you suffer? Without knowing these things, you will never get full value for your claim.
It's important however to start work as soon as possible, so contact me right away and we can discuss the matter in greater detail.
Seek the advice of legal counsel. I workrf for an ins company claims Dept and understand these tactics. Just because they think it is open and obvious does NOT make it so. Photos from different angles need to be taken promptly in case the property owner makes repairs. It is also important to prove how obvious the pavement rise was by law any defect less than 3/4 of an inch is considered trivial in nature. Photos including a ruler need to be taken to show the one inch (or greater) height ASAP to prove there was a dangerous condition alond with any evidence of wear such as cracks or missing pavement pieces. I advise you to act quickly and do not even wait for an attorney or expert to take these photos! You (or a family member) can start the process to preserve the evidence of the dangerous condition and then the attorney can follow up as needed as time is of the essence. This is because you as the claimant have the burden of proof and not the premises owner or it's insurance company. This case will most probably need to be litigated...not just the threat of it. I hope this helps. R. Worth (818) 222-2433, (800) 978-1529.
As the other attorneys have made clear, you are at the point where you will need an attorney, and you should have had one before talking to anyone on the other side. If you would like a free consultation with a local attorney, I would be happy to meet with you in my Palo Alto or San Mateo conference facilities . Send me an email or call me Tuesday if you would like to do that.
My firm handles trip/slip and falls routinely. Please call me at 1.877.505.INJURY.
There seems to be lots of attorneys interested for your case and that's great for you because you will definitely need a lawyer. You should hire a local lawyer familiar with the San Mateo County courts and juries. Your case is extremely difficult but not hopeless so see an attorney immediately and don't talk to anyone else about it.