If you tripped on uneven pavement in California and were injured, you may have grounds for a personal injury claim based on premises liability—but these cases can be tricky and often depend on the severity of the defect, ownership of the property, and whether the hazard was obvious or hidden.
🧱 Uneven Pavement Trip-and-Fall – California Legal Overview
🔹 1. Can You Sue for a Trip on Uneven Pavement?
Yes, but only if certain conditions are met. California courts do not hold property owners liable for minor defects in pavement—this is known as the:
👉 “Trivial Defect Doctrine”
- If the height difference or irregularity is too small (typically under ¾ inch), the court may consider it “trivial” and not legally actionable.
- If the defect is larger, poorly maintained, or made worse by other factors (like poor lighting, debris, or lack of warning), a lawsuit may be viable.
🔹 2. To Win a Case, You Must Prove:
- Dangerous Condition: The pavement was uneven enough to pose a trip hazard.
- Notice: The owner knew or should have known about it (actual or constructive notice).
- Negligence: They failed to repair, warn, or block off the hazardous area.
- Injury: You suffered harm as a direct result of the fall.
🔹 3. Common Defendants in Uneven Pavement Cases
- Private businesses or property owners
- Apartment complex landlords
- HOAs (Homeowners Associations)
- Public entities (city, county, state—for sidewalks or public lots)
🔹 4. If It’s Government Property (Like a Sidewalk or Park Path)
You must:
- File a government claim within 6 months of the incident.
- Wait for a denial or no response before filing a lawsuit.
- Show the defect was dangerous, not trivial, and that the city had notice.
🔹 5. Evidence That Helps Your Case
- Photos of the defect (include a ruler or shoe for scale)
- Witnesses who saw the fall or knew about the hazard
- Incident report (if it occurred at a business or on city property)
- Maintenance records or complaints made to the owner
- Medical documentation of your injury
🔹 6. What You Can Recover
- Medical expenses
- Lost income
- Pain and suffering
- Permanent disability or disfigurement
🕒 Time Limits (Statute of Limitations)
- Private property: 2 years from the date of injury
- Public property: 6 months to file a claim, or the case can be barred
Example:
If you tripped on a sidewalk crack with a 1.5″ height difference in front of a city building and broke your wrist, you might have a strong case—especially if the city failed to inspect and repair it in a timely manner.
Law Offices of James R. Dickinson – 909-848-8448
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