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Broken pavement: Sidewalk crack causes wheelchair to tip

California resident may be surprised at the severity of injuries that can result from a fall on damaged walkways. While a broken pavement, damaged sidewalk or a pothole in a parking area can cause customers to shopping areas or visitors to other public facilities to trip and fall, it is equally hazardous to wheelchair users. Owners of properties at which the general public is welcomed have a responsibility to provide safe environments for all.

A lawsuit was recently filed by a consumer in another state who alleges a shopping mall owner was negligent in the maintenance of the property. According to court documents, the plaintiff -- who makes use of a wheelchair because she is disabled -- contends she was a lawful visitor to the mall in May 2014, when she was injured. She alleges the wheel of her motorized chair hit a cracked section of the sidewalk, causing it to tip over.

The complaint asserts that she suffered injuries that led to pain and suffering along with mental anguish, disability and expenses for medical treatment. The plaintiff accuses the property owner of failure to maintain a safe property and to provide warnings of unsafe conditions. Furthermore, she alleges that the defendant failed to ensure that employees receive adequate training in maintenance procedures and establishing an inspection schedule to ensure hazardous areas are identified and addressed.

When a broken pavement or other hazardous conditions on the property of another causes a fall, resulting in injuries and financial losses, the California victim may be entitled to pursue recovery of damages through the civil justice system. However, the assistance of an experienced premises liability attorney might make the process of establishing negligence less complicated. With such guidance and support, the court might enter a monetary judgment to cover medical expenses, lost income and emotional damages sustained.

Source:, "Wheelchair user blames shopping center for injuries", Jenie Mallari-Torres, Nov. 30, 2017

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Law Offices of William W. Green & Associates
505 S. Villa Real
Anaheim, CA 92807

Phone: 714-464-6903
Toll Free: 866-543-7598
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