Exposed draining pipes may not be pretty, but they serve the important function of transferring water from one place to another. Mostly, they’re used to drain waste water from homes, buildings, and work sites. If the water is not drained, it can result in flooding and structural damage as the water builds up over time. As important as they are, drainage pipes can also be a trip and fall hazard if people are unaware of their presence. A trip and fall accident can result in serious, even fatal, injuries according to the National Floor Safety Institute (NFSI). In one of their studies, it was estimated that fall-related accidents account for over 8 million ER visits on a yearly basis.
If you’ve been injured from tripping over an exposing drainage pipe, please seek medical attention right away. After your wounds have been treated, speak to a trip and fall accident lawyer to find out about your legal rights. If a property owner’s negligence was the cause of your accident, you may have grounds to sue them for monetary compensation. However, proving ownership of a property can be challenging depending on where you fell. Additionally, you must prove that the owner was negligent in their duty to keep you safe on their premises. Other legal considerations must be met in order for you to succeed in a trip and fall injury lawsuit. Thus, it’s essential to take immediate action on an injury claim against the responsible parties.
The personal injury lawyers of Normandie have many years of experience with fall-related accidents, including trip and falls and slip and falls. We will take aggressive action on your claim and bring you the settlement you deserve.
Why are Exposed Drainage Pipes so Dangerous?
Frankly, exposed draining pipes are everywhere as they serve a necessary function in homes and buildings. In older buildings, like historical hotels and apartments, you’ll often see a network of exposed pipes along the walls or in the rafters. The danger is in the placement of the exposed drainage pipe, primarily where the end sticks out. An office or apartment building, for example, may have a drainage pipe that empties out on to the street. The ends of these pipes can stick out from the building and cause people to trip as they’re walking by.
Tripping on the pipe can certainly cause injuries, but what if you’ve tripped over something else and hit the end of the pipe on your way down? While many drainage pipes today are made of PVC, older pipes can be made from copper, iron, and other hard metals. If you trip and hit the rim of one of these pipes, you can imagine how harmful that would be. Property owners must keep this in mind and find a way to warn people about the exposed drainage pipe. They can do this with large and clearly visible signs, though that may not be possible depending on the pipe’s location. Some owners use covers made especially for exterior pipes, like boxes or faux tree trunks.
Drainage pipes are also found on work sites, and these are even more dangerous as they’re normally under the ground. If you’ve been to a construction site, you may have seen long trenches dug into the ground with a series of pipes and openings. This is an example of a drainage system, and they must be clearly marked or blocked off in order to prevent accidents.
If safety measures were not taken and you suffered a trip and fall as a result, please contact our office right away. Our lawyers are here for you and will do everything they can to assist with your recovery.
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What kind of Injuries can I Sustain from a Trip and Fall?
The millions of ER visits every year is a clear indication of the serious injuries you can sustain from a trip and fall. In many cases, victims suffer multiple injuries that require surgery and many months of physical therapy. These injuries include, but are not limited to:
- Bone fractures / broken bones
- Cuts and bruises
- Traumatic brain injury
- Neck injury
- Shoulder / collarbone injury
- Nerve damage
- Spinal cord damage
- Hip fracture
- Knee injury
- Ankle / wrist sprain
- Tailbone fracture (broken coccyx)
- Death
Even if your injuries don’t seem that serious, please get medical attention right away. Head and spine injuries, for example, get worse over time and may lead to disability or death if left untreated. Aside from protecting your health, a medical report is required in order to claim damages if you’ve tripped over an exposed drainage pipe. Once you’ve been treated by a doctor, contact the lawyers of Normandie and learn about your legal options as a trip and fall injury victim.
Who Can I Sue for my Exposed Draining Pipe Accident?
Trip and fall lawsuits are generally filed against the property owner, since they are legally responsible for repairing or resolving hazards on their premises. In order to sue an owner for damages, you will need to prove the following circumstances:
- A hazardous condition existed on the premises.
- The owner knew about, should have known about, or caused the hazardous condition.
- The hazard caused you harm in the form of bodily injuries and/or property damage.
- You incurred losses as a result of your accident, which entitles you to compensation.
These points are often challenging to prove, so it’s essential to retain a lawyer with experience in trip and fall accident investigations. An investigation of your accident, medical assessments, and other procedures may be necessary, so you must get started on an injury claim as soon as possible. Our attorneys will guide you every step of the way, so please don’t hesitate to give us a call.
What if I was Hurt on a Construction Site?
If you were hurt on a construction site, liability becomes more complicated as there are multiple parties that may be responsible for your accident. Work sites often set up temporary drainage systems, which are underground. They may also be in the process of constructing drainage systems for a house or building. Either way, accidents can happen if the pipes or underground trench is not clearly marked or made known to the public in some other way. If someone is injured from tripping over the exposed drainage pipe, the property owner may be responsible, but you may also be able to sue third parties, like the general contractor and subcontractors.
For more information on third party liability in a trip and fall accident, give us a call and speak to one of our attorneys.
What kind of Damages Can I Receive from a Lawsuit?
A trip and fall accident results in various losses, which you will struggle to deal with as times goes on. Legal action in the form of an injury claim or lawsuit can help you pay for these damages. Below are some of the compensation types you may be able to receive:
- Medical expenses
- Lost wages / lost earning capacity
- Emotional distress
- Property damage
- Legal fees
- Punitive damages
Some of these damages, like medical expenses and lost wages, are easier to calculate as they are based on your economic losses. But emotional distress, also known as pain and suffering, is based on the emotional trauma from your accident. Translating the mental ordeal of an accident into a dollar amount is not something the average person can do. Our lawyers have extensive experience with each of these damages and will be able to calculate a settlement that reflects the value of your losses.
In some cases, trip and fall accidents can result in death, especially among the elderly. Adults 65 and over are particularly vulnerable if they hit their head, fracture their hip, or damage their spinal cord. If your family member or loved one passed away from an exposed drainage pipe trip and fall, you may qualify for wrongful death compensation. This type of lawsuit can help you recover:
- Funeral expenses
- Medical bills related to your loved one’s accident
- Pain and suffering
- Loss of expected income / benefits
- Loss of consortium
- Legal fees
Money won’t make up for the loss of your loved one, or the physical and emotional trauma of your accident. But you should not be burdened by the costs of recovery when another person or entity is responsible for your injuries. Contact our office and get started on a claim for monetary damages.
How Long do I have to file a Trip and Fall Injury Lawsuit?
Trip and fall lawsuits must be filed within two years from the date of your accident, or from the date of death if lost a loved one. If you discovered your injury from the accident at a later date, you have two years from the date of discovery to file a lawsuit. However, the statute of limitations is shorter for lawsuits against government or public entities. In that case, you must file an injury claim within the first 6 months of your accident. If your claim is rejected, you have 6 months from the rejection date to file a lawsuit. Or, if there is no response in 45 days, you have 2 years from the date of your injuries to file a lawsuit.
Statute of limitations can be complicated depending on the details of your accident. If you miss the filing deadline, you will most likely lose your right to monetary compensation. To ensure that your claim is filed in a timely manner, contact us right away and speak to a knowledgeable trip and fall injury lawyer.
I’ve Filed a Lawsuit Already – is it too Late to Change Lawyers?
No, it’s never too late to change lawyers in the state of California, no matter where you are in your case. In fact, many of our previous and current clients have come to us from other law firms. Each injury victim has their own reasons for switching, but here are the most common issues that previous clients have brought to us:
- It’s so hard to get in touch with my lawyer, and I have no idea what’s going on with my case!
- I think the insurance company’s offer is too low, but my firm is pressuring me to settle.
- My lawyer missed a deadline, and now my case might be dismissed!
- There’s been no progress on my case for months and I don’t understand why.
These are red flags that shouldn’t be ignored, but you must be sure that changing lawyers is in your best interest. If you are in this situation, please come and see us for a free second opinion. During your consultation, one of our attorneys can evaluate your lawyer’s work and help you make an informed decision regarding the direction of your case. If working with us is the right choice for you, we will do all the work that’s needed to transfer your case to our firm.
The only thing you have to do is contact our office and schedule a free second opinion. We look forward to meeting you and advising you of your available legal options.
The Trip and Fall Accident Lawyers of Normandie
A trip and fall accident is a scary experience, but there are legal actions you can take to recover your financial and emotional losses. Unfortunately, many victims are cheated out of compensation by underhanded property owners and insurance companies. That’s why it’s so important to have an experienced trip and fall attorney by your side.
If you’re worried about legal fees, let us introduce you to the Zero fee guarantee. Under this policy, you will never pay us a single penny for any of our services. Since we work on contingency, we request our fees from the party you’re suing and will only get paid when you receive your settlement. That’s our promise to you whether you’re starting an injury claim or continuing a lawsuit that was filed with another law firm.
Don’t wait on the damages you are entitled to from an exposed draining pipe trip and fall accident. Call Normandie today and schedule a free consultation.