“Trivial Defect” Law Can Affect Your Orange County Sidewalk Fall Claim

“Trivial Defect” Law Can Affect Your Orange County Sidewalk Fall Claim

In California, raised and uneven sidewalks can be a hazard. If you have been injured in a sidewalk fall in Orange County, you probably already know that a small defect in a sidewalk can still contribute to a serious fall. However, some victims of sidewalk falls in California are surprised to learn that a rise in the sidewalk of an inch or less could be classified as a “trivial defect,” making it difficult-to-impossible to recover compensation for your injuries.

Height Isn’t All That Matters after an Orange County Sidewalk Fall

However, the so-called “tape measure” test isn’t a black-and-white guideline. Although the height of the defect does play a role in the consideration, the court will also consider:

  • Weather conditions, lighting, slippery surfaces, and other contributing circumstances
  • If the single “trivial” defect was a small part of a larger overall problem with the walkway
  • Expert testimony that the sidewalk condition was dangerous despite measurements that classify it as “trivial”
  • Any jagged edges, cracks, exposed pipes or rebar, evidence of crumbling, etc.

How to Get Help with a California Sidewalk Fall Claim

How you pursue a slip-and-fall claim can vary, depending on the city you live in and other factors. If you have been injured after falling on a sidewalk in Orange County, our OC personal injury attorneys can help you determine who is liable and how to get started with a claim. Please meet with us in a completely free, no-obligation initial consultation to learn more. Just give us a call today at 1-(949) 851-0222, or fill out the confidential online contact form on this page!

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