We walk on them every day. And as we all know, they are not properly maintained, often resulting in us tripping and falling and hitting our face and head on the ground, resulting in fractures of the nose, and most scary, TBI’s (Traumatic Brain Inuries). You are going to damage the frontal lobe, which results in lots of cognitive changes.
However, you need to understand that just because you trip and fall and get injured from it, it does not mean that the government is liable. Rather, there are two elements that we must prove, and they’re very important. Otherwise, we will lose and you do need to understand that any case against the government will most probably end up in litigation because the government will not accept fault.
Element number one is that it’s a “dangerous condition,” and you’ve seen our Instagram, we discuss it all the time. What it simply means is is that it’s not too small to be deemed trivial, because then you don’t have a case, or too big that it’s “open and obvious,” because then you have the government arguing you should have seen it. It was open and obvious. That’s element number one. Element number two is that the government knew or should have known of it through reasonable inspection. Legally, it’s called having notice, and that takes a second type of expert.
We literally have to go out to the scene and see how the government would have been given notice of it. So make sure you only contact an experienced trip and fall attorney to handle your case.
We’re making the law make sense.