Broken – Exposed Drain Hole Accident Attorney

Drain holes serve the purpose of draining out excess water that can flood indoor and outdoor areas, like basements, public bathrooms, sidewalks, and city streets. They come in different shapes and sizes depending on the location, but most of them are round holes that are capped by a grated cover. The covers allow water to flow through the hole at a steady pace. But they also keep people from tripping over the drain hole or stepping into it, which can lead to serious injuries.

Accidents involving drain holes usually happen due to the following reasons:

• Broken drain hole cover (cracked, coming loose from the drain hole)
• Exposed drain hole (no cover over the hole)

It’s not hard to imagine the mishaps that can happen to an unsuspecting victim in these situations. A cracked drain hole cover can cause someone to trip and fall, which can result in severe injury depending on where and how they fell. If the cover is missing altogether, a person can fall into the hole and be injured from the impact to their foot, knee, and leg.

If you or someone you know was injured by an exposed drain hole or defective drain hole cover, you may be wondering “What are my rights?” The lawyers of Normandie can advise you of your legal options, which may include a lawsuit for compensation if your accident was caused by the property owner’s negligence. For more information on the actions you can take, contact our office and speak to a fall accident lawsuit attorney.

Common Locations for a Broken or Missing Drain Hole Cover Accident

Due to their important function, drain holes can be found in many indoor and outdoor spaces that you will come across on a daily basis. When drain holes are exposed due to broken or missing covers, fall-related accidents like trip and falls are more than likely to happen. The following locations are especially prone to broken or missing drain hole cover accidents:

• In a store
• Parking lot
• Shopping Center
• School bathrooms
• Public bathrooms in stores, office buildings, etc.
• Restaurants
• In a private residence (basements)
• Public garages
• Hotels / motels
• Airports
• In front of apartment / condo buildings

No matter where you were injured, it’s essential to learn about your legal options from an experienced personal injury lawyer. Please give a call at your earliest convenience.
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Common Injuries from a Drain Hole Trip and Fall Accident

People trip over things or fall into small spaces quite often, so it’s easy to underestimate the severity of a broken or exposed drain hole accident. However, fall-related accidents are the leading cause of ER visits in the U.S. according to the National Floor Safety Institute. That’s around 21.3% of all ER visits on an annual basis, making fall-related injuries the number one cause of emergency room cases.

Below is a list of the most common injuries you can sustain when you are harmed by a drain hole with a broken or missing cover:

• Broken bones in your feet and ankles
• Broken bones in the legs and arms
• Broken nose and other facial bones
• Concussion
• Traumatic brain injury
• Deep lacerations / scarring
• Whiplash
• Back / spinal cord injuries
• Hip fracture
• Dislocated / fractured shoulder
• Fracture ribs
• Ankle/ wrist sprain
• Dental injuries
• Paralysis
• Death

These are all bodily injuries, but we must not forget the emotional trauma that’s associated with an accident. Victims often become fearful of their surroundings and develop mental health conditions like anxiety, hypervigilance, and PTSD. Insurance companies will do their best to avoid paying for emotional damages, which is why you need an experienced attorney by your side. If you’re in need of representation in a drain hole accident injury case, contact our law firm and schedule a free case review.

Can I Sue if I was Injured by a Missing or Broken Drain Hole Cover?

Yes, you can sue if you were injured by a missing or broken drain hole cover, as long as your accident was caused by the property owner’s negligence or misconduct. Or, in the case of a commercial property, negligence may be committed by an employee. Under California’s vicarious liability laws, employers may be responsible for their employee’s actions if they were committed within the scope of their job duties. In either scenario, you would have to prove the following elements in order to file a lawsuit:

• The property owner owed you a duty of care as a legitimate visitor / guest on their premises.
• The owner breached their duty of care to you by failing to repair / replace a broken or missing drain hole cover.
• The owner’s breach of duty is the reason you were injured on their property.
• As a result of your accident, you sustained compensable injuries such as medical bills, lost wages, and emotional trauma.

The process of suing for damages will vary, depending on the type of property and who is responsible for its maintenance. For example, homeowners are generally responsible for drain holes in a private residence. On the other hand, a landlord or management company may be liable if your drain hole accident occurred on the premises of an apartment building. Or, if the accident occurred at a worksite, you may have a claim for workers’ compensation, along with the option to sue third parties like a property owner, a business, or even the city or state.

We know this is a lot to process, but our lawyers are here to guide you every step of the way. We can help you decide on the best strategy for your case during a free case evaluation. Just give us a call and speak to a California premises liability lawyer.

Monetary Compensation from a Drain Hole Injury Case

If your drain hole accident was caused by an act of negligence, there are various damages you can receive from a lawsuit against the property owner / manager:

• Medical expenses for ER visits, surgery, hospitalization, medications, etc.
• Cost of physical therapy and other rehabilitative services
• Lost wages / lost earning capacity
• Pain and suffering
• Property damage
• Legal fees
• Punitive damages

Sadly, fall-related accidents are one of the leading causes of unexpected deaths around the world. If your family member or loved one passed away from a broken or missing drain hole cover accident, you may be entitled to the following damages:

• Funeral expenses
• Medical bills left behind by the decedent
• Pain and suffering for your emotional trauma
• Loss of expected wages
• Loss of consortium
• Value of lost benefits and gifts
• Legal fees

As you can see, recovery from a fall-related lawsuit goes far beyond the expense of treating your injuries. Our lawyers will go over each of these damages with you during a free consultation. Then, we will calculate a fair amount to ask for and fight to recover the full value of your losses.

Average Case Value of a Broken – Exposed Drain Hole Accident Case

The value of your case will depend on many factors, including the location of your accident, the extent of your injuries, and what your accident took away from your life. Currently, the average settlement for a trip and fall accident on a commercial property is around $345,000. If you were harmed on a private property, the average case value is about $105,000.

However, these are national averages that are based on the totality of fall injury lawsuits throughout the country. Your own case value may be more or less than the national average. Cases with mild injuries, for example, may be settled at around $10,000 to $50,000. Moderate injury claims where the victim requires surgery and physical therapy may be worth around $100,000 to over $300,000. The highest amounts are paid out for claims with long-term / permanent injuries that significantly compromise the victim’s life. In such cases, the plaintiff may have lost the ability to work or take care of their family. They may have trouble performing basic tasks like driving and going up the stairs. The totality of these losses can easily be worth over $1 million.

Again, these are average values that may or may not reflect what you could receive from a broken or exposed drain hole injury lawsuit. For an approximate value of your own accident claim, please take some time to speak with one of our attorneys.

Statute of Limitations for a Drain Hole Accident Lawsuit

All personal injury or wrongful death lawsuits in California have a statute of limitations, meaning you have a limited time to bring a cause of action against the responsible parties. The SOL for a drain hole accident lawsuit is two years from the date of the accident, or two years from the date of death. If you miss the SOL for your lawsuit, you may forfeit the right to claim monetary damages, even if you have a strong case.

To ensure that your lawsuit is filed on time, please give us a call right away. Our lawyers will take immediate action on your claim and make sure that you are fairly compensated for your financial and emotional losses.

Speak to a Fall Injury Accident Attorney

Property owners have many responsibilities when it comes to ensuring the safety of their premises for guests and visitors. That includes taking care of hazardous conditions, like replacing broken or missing drain hole covers. Not doing so is an act of negligence, which can lead to an accident with devastating injuries.

Have you been injured from a fall-related accident due to an exposed drain hole or a broken drain hole cover? Has you lost a family member or loved one, who passed away due to their injuries from a drain hole accident? If so, the lawyers of Normandie can help you take action against the responsible parties. We have many years of experience in premises liability lawsuits, and we know what it takes to secure a successful outcome in these cases.

One concern you may have is the cost of legal representation, but we can assure you that you will never pay upfront when you choose our law firm. We offer a Zero fee guarantee, so that all our expenses are deferred until the end of your case. We only get paid if we recover your settlement, so there is risk to your finances if we don’t win your case.

Our lawyers are just a phone call away, so please contact our office as soon as possible. We look forward to meeting you and fighting for the compensation you deserve.