We’re all familiar with potted plants on terraces, gardens, and inside our homes, but not as many people are aware of in ground planters. These containers are placed below ground level for all sorts of plants, including trees. The advantage of using sunken containers is that they keep the roots from spreading out and rising above the soil. In addition, it keeps the plants insulated within a small space, so they need less heat and water.
As you are probably aware, plant roots coming out of the ground are a major source of injury, as people can easily trip over them. Ironically, the very planters that are supposed to prevent such accidents can also lead to a trip and fall injury. Have you been injured from walking into a planter on the ground that did not have a plant or tree? These accidents occur on all types of properties, including private residences, public parks / private parks, on sidewalks, shopping center parking lots, apartment complexes, schools, and government buildings.
Sadly, the vast majority of trip and fall accidents are due to an act of negligence by the property owner or someone acting on their behalf (property managers, employees, etc.). Leaving empty planters unattended, failing to put up warning signs, or not covering the area with enough soil are just some of the ways that a property owner can be liable for a trip and fall injury due to a planter in the grounder.
As an injury victim, it’s essential to figure out the cause of your accident and learn about the legal actions that are available to you. If you’re in need of a trip and fall lawsuit attorney in the Los Angeles area, contact our office for a free case evaluation.
Common Trip and Fall Injuries
All trip and falls have the potential to cause serious bodily harm. However, there is a greater risk of severe injury when you trip due to your foot falling into the ground. Here are the most common injuries that can occur to an unsuspecting victim of a planter in the ground:
- Broken bones / fractures in the feet and ankles
- Ankle sprain / strain
- Broken tibia-fibula (shinbone)
- Hip fracture
- Facial injuries, including broken nose
- Skull fracture
- Concussion / traumatic brain injury
- Neck and back injury, including spinal cord damage
- Knee injuries – fractured kneecap, ACL or MCL tear
- Fractured shoulder / collarbone
- Broken ribs
- Permanent scarring from cuts and puncture wounds
- Nerve damage
- Paralysis
- Fatality
Don’t hold off on seeking medical attention if you’ve been in an accident. Many people experience minor symptoms in the beginning, but it’s not unusual for injuries to get worse over time. Immediate treatment is the best way to avoid permanent complications like loss of function and brain damage. You may also develop insomnia, anxiety, flashbacks, and other forms of emotional trauma, which is very common among trip and fall accident victims. Mental health counseling can be effective in managing such issues, but you should not be responsible for the cost of these services when another party is liable for your accident. Our lawyers are here to fight for the settlement you deserve, so please give us a call as soon as possible.
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Can I Sue if my Foot got caught in a Planter that did not have a Plant or Tree?
Yes, you can sue for being injured by a planter on the ground if the accident was something that the owner could have prevented through reasonable means. Under California’s premises liability laws, owners are required to maintain their properties and take care of hazardous situations that can lead to injury. Failure to exercise reasonable care is referred to as “negligence,” which is the most important factor in any personal injury lawsuit.
To give you an idea of the legal process, here are the basic elements you must prove in order to succeed in a trip and fall accident lawsuit:
- You had a valid reason to be on the premises (as opposed to being a trespasser).
- There was a hazardous condition on the premises that the owner caused, knew about, or should have known about, such as an in ground planter that did not have a tree or plant in it.
- You tripped and fell due to this hazard and suffered bodily injuries as a result.
- Because of your injuries, you are owed economic and non-economic damages from the property owner.
Keep in mind that there are many other issues that we will need to work through, based on the complexity of your accident and the injuries you’ve sustained. Legal representation is the key to recovering maximum compensation, whether you are suing a private homeowner, major business, or government agency. To learn about your legal options, contact us to speak with an experienced trip and fall injury lawyer.
Damages from a Trip and Fall Injury Claim
Your damages from a trip and fall lawsuit will depend on the losses you’ve suffered as a result on your accident. Another critical factor is whether you are the accident victim or the family member of someone that died from a trip and fall injury. Available forms of compensation may include, but are not limited to:
- Medical expenses
- Funeral costs
- Lost income
- Pain and suffering
- Mental anguish
- Loss of consortium
- Property damage
- Punitive damages
- Legal fees
Damages like medical bills and lost wages are relatively easy to calculate, though you may have to project future lost income in the case of wrongful death. You may also qualify for pain and suffering and other non-economic damages, which are difficult to assess as they are based on the psychological effects from your accident. Our attorneys have the knowledge and experience to determine the right amount for your emotional suffering. For more information on the damages you are entitled to, please take a moment to schedule a free case review.
What is the Average Case Value for these Lawsuits?
There are many elements that we examine in order to determine the value of a trip and fall accident claim. The location of the accident, the type of injuries sustained by the victim, and the level of negligence by the property owner are just a few of these factors. In general, your injuries and their impact on your life are the most important elements. Cases with relatively minor injuries will likely settle for $50,000 or less. However, moderate to serious injury claims can bring in anywhere from $250,000 to $1.25 million or more. These are just estimates at the end of the day, so it’s best to consult a trip and fall attorney at our office if you’re interested in learning what your own lawsuit is worth.
How long do these Cases take to Settle?
When we represent a trip and fall injury client, we always set out with the goal of recovering their payment within 6 to 8 months. There are times when the settlement process is faster, and the victim may receive their payment in just 30 days. However, these cases tend to involve serious, long-term injuries that require significant treatment and rehabilitative services. As a result, it can take around 12 to 18 months to negotiate an adequate settlement. The most severe injury cases can take two years or more to resolve, especially if a trial is required.
Filing Deadline for Trip and Fall Lawsuits
In most cases, your statute of limitations to file a trip and fall lawsuit is two years from the date you were injured. There are a few exceptions to this rule, which our attorneys can go over with you. However, you should not wait to take action on an injury claim, since you will need extensive evidence to support your case. The investigation process into your accident becomes harder as more time passes by, so please call us right away to initiate the claims process.
Second Opinion on Active Injury Cases
If you have questions or concerns about an existing trip and fall claim, you may benefit from a second opinion at our office. A legal expert that specializes in your injuries will sit down with you and discuss any issues you are having with your case or your attorney. Then, they will make their recommendations on what you can do to improve your chances for a favorable settlement. But there’s no pressure to follow up on any of our suggestions, as our number one priority is to provide you with information. Remember that there is no fee for a second opinion, which means you can schedule a time to speak with us with no risk to your finances. Contact us today for a free second opinion consultation.
Contact Normandie Law Firm
The lawyers of Normandie are ready to fight for you if you’ve been harmed in a trip and fall accident due to another party’s negligence. We know how devastating these accidents can be to your physical and mental health, not to mention your finances. Our lawyers have decades of experience with fall-accident cases and are confident in their ability to bring you the highest possible settlement.
As we don’t want to add to your burdens during this difficult time, we will provide you with a Zero fee guarantee. That way, you won’t pay a dime to hire us, nor will you pay a single penny throughout your entire case. Our bills are paid by the defendant as a part of your settlement award, which means the only way we get paid is by winning your case. Please take the chance of calling us and learning about your rights and legal options.
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