If you tripped over uneven pavement in a shopping district in California and were injured, you may have a valid personal injury claim under premises liability or potentially government tort liability, depending on who controls the area where the fall occurred.
⚖️ Legal Grounds: Premises or Public Property Liability
To hold someone liable in California, you must prove:
- Duty of Care – The property owner, business, or public entity had a duty to maintain safe walkways.
- Breach of Duty – They failed to repair or warn about the uneven pavement.
- Causation – That failure caused your fall.
- Damages – You suffered injuries and losses as a result.
🧭 Who Might Be Liable?
- Private business or property owner – if the pavement is on or adjacent to their property.
- City, county, or other government entity – if the pavement is part of a public sidewalk or plaza.
- Contractors – if construction or repair work created or worsened the hazard.
🔍 Examples of Negligence
- Pavement raised due to tree roots, erosion, or lack of maintenance.
- Significant cracks or broken concrete that created a tripping hazard.
- No warning signs or barriers around the defect.
- Prior complaints or accidents in the same location, showing the problem was known.
🧾 Useful Evidence
- Photos of the pavement defect and your injuries
- Incident report, if filed with a business or city
- Witness statements
- Medical records
- Maintenance or complaint records (can be obtained in discovery)
🏥 Common Injuries from Pavement Trips
- Fractures (wrists, arms, hips)
- Head injuries or concussions
- Soft tissue injuries (sprains, strains)
- Back or spinal damage
- Lacerations, bruises, or road rash
💰 Potential Compensation
- Medical bills
- Lost wages or future earning potential
- Pain and suffering
- Emotional distress
- Costs for ongoing care or rehabilitation
⏱️ Time Limits (Statute of Limitations)
- Private party: 2 years from the date of injury to file a lawsuit.
- Public entity (e.g., city sidewalk): Must file a government claim within 6 months.
✅ What to Do Immediately
- Get medical treatment promptly.
- Photograph the scene and hazard from multiple angles.
- File a report with the responsible party (business or local government).
- Collect witness names and contact information.
- Do not give detailed statements to insurers without legal advice.
- Speak with a personal injury lawyer, especially if the injury is serious.
📌 Summary
A trip over uneven pavement in a California shopping district may give rise to a personal injury claim against a business or public entity if they failed to maintain safe walkways. You could be entitled to damages for medical costs, lost wages, and pain and suffering.
Law Offices of James R. Dickinson – 909-848-8448
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