Who is Responsible for a Sinkhole Accident?

Californians have to deal with a variety of natural disasters, like earthquakes and floods. Sinkholes are a less common occurrence, but there’s no denying that people can be seriously injured from falling into a sinkhole. Sinkholes can also cause traffic accidents depending on their location, as well as structural damage to buildings and bridges.

Unfortunately, there has been an increase in the number of sinkhole formations in LA, San Diego, Sacramento, and the Bay Area. Property owners and operators have a legal duty to take care of hazardous conditions that can cause harm to others. Sadly, many of these people neglect their duty of care, and that’s why we are seeing more and more of these accidents throughout California in recent years.

At Normandie Law Firm, we are all too aware of the devastation that a sinkhole accident can cause for you and your family members. We are here to help you navigate the legal process and ensure that you can get your life back on track. Contact our law firm and talk to a sinkhole accident lawyer during a free consultation.

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What is a Sinkhole?

Before we can talk about the impact of falling into a sinkhole, it’s important to understand what these formations are and how they develop. To put it simply, sinkholes are depressions that form in the ground from lack of natural drainage. The excess water in the hole eventually drains deep into the ground, making it weak and unstable. Eventually, this can cause the uppermost layer – and whatever is above it – to sink into the ground.

Most sinkholes are formed by natural circumstances, particularly in areas where the water dissolves the rock below the soil. However, sinkholes can also be caused by construction work, and this is a big part of why we are seeing an increase in car accidents, bike accidents, collapsing structures, and fall injuries as a result of sinkholes.

Red Flags to Look Out for

Frankly, sinkholes are difficult to predict, as they start deep in the ground from drainage issues that you may not be aware of. However, there are some warnings signs that may indicate the presence of a sinkhole on the property. These include:

• New cracks in the ground – fresh crack in the pavement or soil that are linear or appear to form concentric circles may indicate that the ground is sinking or shifting.
• Sudden depressions – shallow indentations or sunken areas in the ground that show up suddenly may indicate the presence of a sinkhole.
• Leaning trees or tilting structures – a leaning or tilting of walls, pillars, trees, fence posts and other structures may be the result of the ground underneath sinking or shifting.
• Ponds or muddy water – if you notice a new pond or appearance of turbid or muddy water in an existing body of water, this may be a sign of water draining into a sinkhole.
• Utility line disruptions – the development of a sinkhole can damage utility lines under the ground, particularly sewer or water pipes.
• Sliding or collapsed structures – Sinkhole activity around buildings and other structures can lead to foundation problems that cause tilting and shifting.

Who is Liable for a Sinkhole Accident in California?

Though most cases of sinkholes are due to natural causes, there are instances where an individual or entity may be responsible for someone being injured by a sinkhole. Generally, this involves negligence, like failing to do anything about a known sinkhole or signs of a sinkhole on the property. To get a sense of who you can sue in a sinkhole accident lawsuit, here are three of the most common entities that may be at fault:

• Property Owner – this is generally who is to blame for most incidents of injury that involve a sinkhole. This is due to the fact that owners have a legal duty to maintain the property and ensure that it is reasonably safe. If the owner of the property knew about the sinkhole or was made aware of unsafe conditions that indicate the possibility of a sinkhole, they are required to take appropriate actions to rectify the issue. Failure to do so can make them liable for any injuries or property damage to another party.
• Government Entities – if you fell into a sinkhole on public property like the highway or a city sidewalk, you will need to file a claim with the appropriate government authority. It’s not unusual for these entities to neglect hazardous road conditions or make cost-cutting repairs that fail to adequately address the sinkhole.
• Construction Companies – construction work can lead to the formation of a sinkhole if the company did not follow legally required engineering standards, failed to conduct proper soil testing, or used cheap / inappropriate building materials.

Monetary Damages after a Sinkhole Accident

Those who end up with property loss or injuries from a sinkhole often have questions about the funds they can receive from a lawsuit. There are various payments you may be entitled to, based on your monetary losses, the injuries you sustained, and other factors that are specific to your case. A sinkhole accident lawsuit attorney here at Normandie Law Firm can help you recover some or all of the following:

• Medical expenses
• Wages lost during your recovery period
• Future lost wages / loss of earning potential for severe, disabling injuries
• Value of damaged or lost property
• Pain and suffering
• Emotional distress
• Cost of hiring an attorney
• Punitive damages

Suing for Damage Caused by a Sink Hole – What is the Deadline?

The statutory deadline for a personal injury claim in California is 2 years. So, starting from the date of the accident, you have 2 years to file a claim for compensation. One exception involves lawsuits against the government, like a city, county, or state agency. These claims must be filed no later than 6 months of when the incident occurred.

In addition, the process to file a government claim is very different than suing a homeowner, building management firm, or another private entity. Each of these legal actions has its own set of rules and procedures, which we can go over with you during a free, confidential case review.

Contact a Sinkhole Accident Lawyer

If you sustained injuries or property damage from a sinkhole accident, don’t hesitate to contact us and get the help you need from an experienced attorney. Our law firm has the resources to go after the responsible parties and get the justice you deserve, whether you had a bicycle accident or injured yourself from falling into a sinkhole.

All cases are accepted on a contingency basis, meaning you pay $0 out of pocket. Once we successfully negotiate your settlement, a percentage of the recovered funds will go towards our expenses. Otherwise, you owe us absolutely nothing, since we shouldn’t get paid unless you do.

Contact the offices of Normandie Law Firm and schedule a free case evaluation if you were harmed in a sinkhole accident.

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