Los Angeles Injury Lawyer Blog

In the slip & fall case, a woman slipped on a City-owned park’s exterior steps that were covered in wet leaves. As a result of the fall, the woman broke three bones in her left foot and another bone in her right foot. The Contra Costa County Superior Court originally found in favor of the City of Antioch. The injured victim sued the City and the landscaping company hired by the City on grounds of negligence for failing to maintain the stairway and causing a dangerous condition. After the reviewing the evidence, the First District CA Court of Appeal overturned that trial court decision excusing liability, and re-submitted the case for trial.

On the morning of the accident, the woman was dropping off her daughter at a preschool located within the park. Light rain had made the concrete walkway and staircase leading to and from the school wet. The woman, wearing flat-heeled, rubbed soled sandals, slipped when coming down the steps leaving the school. As noted above, the woman suffered broken-bone injuries in her foot. Under section 835 of the Government Code, a public entity must maintain its property in a way that does not create a hazard for foreseeable users. The trial court, however, found that the City successfully avoided liability by showing that it was too costly and impractical to keep their stairs clear of leaves during the fall season, a defense to a dangerous condition suit provided by section 835.4 of the Code.

Upon further review of the evidence, the CA appellate court found conflicting evidence that showed that the landscaping company actually had sufficient notice of the dangerous condition and should have been able to clear the leaves prior to the arrival of early morning patrons. Key evidence that support this renewed finding was testimony from the supervisor of the landscaping company that showed that the stairs should have been cleared shortly before the arrival of parents dropping off their children at the preschool. In addition, the court relied on testimony from the victim claiming that she saw landscapers clearing an adjacent area close to where she fell on the stairs at the time of the accident.

Stairways and walkways in public areas are often a source of slip & fall accidents. Often, the public entity or landlord will be held liable for all injuries associated with these accidents. If you or a loved one has suffered from a trip, slip, or fall in California, you may be owed due compensation for your injuries. Call the professionals at the Law Offices of Greenberg & Rudman LLP at 1-800-ALAWPRO (1-800-252-9776) for a complimentary consultation regarding your rights.