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Trip and fall cases from a personal injury attorney

by | Jan 30, 2023 | Barrie's Banter |

Often, potential clients call me regarding what we call “trip and fall” cases. The name speaks for itself. Most injuries sustained in these accidents are severe, but that does not mean there is a case. Liability is the first consideration as these types of cases are bifurcated for trial, meaning that unless you prove negligence, the jury will never hear about the injury. The defendant must have notice of the condition – they must have caused or created the defect, or the defect had to exist for a sufficient period of time for the defendant to repair the defect but failed to do so.

Sometimes defects can be “de minimus” meaning they are so trivial as to be unactionable; for example, a dip on someone’s lawn, unless severe, may not be actionable as it is unreasonable to require that someone create a perfect lawn; however, if you leave a hidden tree stump, that would be negligence. The same with sidewalk defects. I usually look for a defect of 1 and ½ inches in height difference, or more in order to make a claim, but a minor defect in a heavily trafficked area, say in front of a commercial establishment that invites the public, may be sufficient. Since each case must be individually evaluated, it is always better to contact a personal injury attorney to discuss the situation.


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