Sometimes, pavement is uneven because of soil conditions, humidity or erosion, expanding cement, or bad construction. Pavement of different heights or with gaps and cracks can result in trips or falls. If you are injured on someone else's property due to uneven pavement, you may be able to recover compensation for your injuries. The premises liability attorneys at Feizy Law Office can assist people in the Dallas area with pursuing the financial assistance that they need.Taking Legal Action after an Accident Caused by Uneven Pavement
Uneven pavement can be found on private or public property. When an accident happens on private property, you may bring a premises liability lawsuit against the property owner or occupier. The first issue in suing a private property owner is proving the property owner owed you a duty of care. The degree of care owed to you depends on your status on the property. In general, a property owner must use reasonable care in inspecting and maintaining the property. The highest duty of care is owed to an invitee, who is someone on the premises who has been invited onto the property for a business, public, or social purpose.
An invitee will have to prove that the owner knew or should have known about the dangerous property condition. In general, property owners are not responsible for "open and obvious" dangers. For example, if there is a huge open chasm in an otherwise perfectly smooth parking lot with no other distractions, it is possible that the chasm will be found "open and obvious."
If a duty is owed, the next issue is to show that there was a breach of duty. For example, it may be a breach of the owner's duty of care if someone observes uneven pavement and fails to fix it, and months pass, and then someone trips and is hurt. However, if the pavement is in a landscaped area, and it is only slightly buckled due to weather changes, and a victim trips on it, it may be more challenging to show the property owner should have posted a warning or fixed it.
When an injury occurs on publicly owned pavement that is uneven, the rules are slightly different. You may be able to sue a municipality or other government entity that is responsible for maintaining the property. This process is more complicated because in most cases, you cannot sue a government entity for dangerous property conditions unless it has waived immunity. You will also need to provide the government entity with formal notice according to a shortened timetable. You will need to show that the municipality failed to maintain the property in a reasonably safe condition or that it failed to warn of dangers that it knew or should have known about.
If you can successfully establish that your injury was the result of a property's owner's negligence, you may be able to recover medical expenses, lost wages, household services, and other damages. Generally, a defendant must "take the plaintiff as he finds him." This is known as the eggshell plaintiff rule. For example, if a woman is elderly and the fall on uneven pavement causes her catastrophic injuries due to her age, the defendant that is liable may be held liable for the full scope of damages, even if they are greater than what a younger person who can heal faster might have sustained.Discuss Your Slip and Fall Case with a Dallas Attorney
If you are hurt on uneven pavement in Dallas or the surrounding cities, you may need to enlist a slip and fall lawyer to seek compensation for your injuries. Call Feizy Law Office at (214) 651-8686 or reach us via our online form. We also represent accident victims in other Texas cities, such as Plano, Fort Worth, Arlington, and Garland.