Faulty Pavement Accidents: Suing for Injuries in California

We walk on concrete sidewalks and asphalt parking lots every day, often taking their safety for granted. We assume these surfaces are stable and free of major hazards. However, when property owners or contractors use substandard materials or poor workmanship, pavement can crack, crumble, and heave. This creates dangerous conditions that can lead to serious falls and injuries. When these preventable hazards cause harm, victims often have legal recourse through Faulty Pavement Accidents claims.

If you were injured due to a dangerous condition on a sidewalk, in a parking lot, or on other paved surfaces, you may have the right to seek compensation. This article explains why pavement fails, who can be held legally responsible in California, and what steps you should take after an injury.

Why Pavement Fails: Substandard Materials and Poor Workmanship

A crack or a pothole is rarely just “bad luck.” Often, these hazards are the direct result of negligence during the construction or maintenance process. As outlined in case studies like those from The Expert Institute, premature pavement failure can stem from several key issues:

• Improper Base Preparation: The soil and gravel layer beneath the pavement must be properly graded and compacted. A weak or unstable base will cause the surface above to sink and crack.
• Incorrect Asphalt or Concrete Mix: Using the wrong aggregate blend, an incorrect water-to-cement ratio, or a poor-quality asphalt binder can create a weak surface that cannot withstand traffic and weather.
• Inadequate Compaction: Asphalt must be compacted to a specific density while it’s still hot. Failure to do so leaves it porous and weak, leading to rapid deterioration.
• Poor Drainage: Designs that allow water to pool on or under the pavement will erode the base layer and cause cracking and potholes, especially as temperatures change.
• Lack of Maintenance: All pavement requires upkeep. Property owners who fail to seal cracks or repair small problems allow them to grow into major, dangerous hazards over time.

When a contractor cuts corners or a property owner neglects maintenance, they create a foreseeable risk of harm.

Common Injuries from Faulty Pavement Accidents

A trip and fall on a hard, uneven surface can cause much more than a scraped knee. These falls can be violent and result in significant injuries, including:

• Fractures: Broken wrists, arms, ankles, and hips are very common as victims try to catch themselves during a fall.
• Head Injuries: Falling and striking one’s head on concrete or asphalt can cause serious concussions and other traumatic brain injuries (TBIs).
• Spinal Cord Injuries: A hard fall, especially for an older adult, can lead to damage to the vertebrae or spinal cord.
• Severe Cuts and Lacerations: Jagged, broken concrete or asphalt can cause deep cuts that require stitches and may lead to permanent scarring.
• Joint Dislocations: Shoulders and hips can be dislocated from the force of the impact.

These injuries often require extensive medical treatment, physical therapy, and can lead to chronic pain and limitations.

Who Is Legally Responsible for the Injury?

Determining liability in Faulty Pavement Accidents is a key part of any claim. This falls under an area of law known as premises liability. Several parties could be responsible:

• Private Property Owners: The owners of shopping malls, apartment complexes, office parks, and other businesses have a legal duty to keep their property in a reasonably safe condition. This includes their sidewalks and parking lots. They must regularly inspect the property for hazards and repair them or adequately warn visitors.
• Government Entities: Cities, counties, and the state are responsible for maintaining public sidewalks, roads, and crosswalks. Suing a government entity is possible but involves a much stricter and shorter timeline than suing a private owner.
• Contractors and Construction Companies: If a newly paved surface fails prematurely, the company that performed the substandard work could also be held liable for creating the dangerous condition.

Proving a Premises Liability Claim in California

To win a case for injuries from faulty pavement, you generally need to prove several key elements:

1. The defendant owned, leased, or controlled the property.
2. The defendant was negligent in the use or maintenance of the property.
3. You were harmed.
4. The defendant’s negligence was a substantial factor in causing your harm.

A crucial part of proving negligence is showing the owner knew or should have known about the dangerous condition. This is called “constructive notice.” For example, a large, old crack shows the owner had plenty of time to discover and repair it. According to the Judicial Branch of California , property owners must use reasonable care to discover unsafe conditions and repair, replace, or give adequate warning of anything that could be reasonably expected to harm others.

Steps to Take After an Injury from Faulty Pavement

If you are injured in a trip and fall on a cracked sidewalk or pothole, taking these steps can protect your health and your legal rights:

1. Seek Medical Attention: Get medical help immediately. This ensures your injuries are treated properly and creates a medical record linking the injury to the fall.
2. Report the Incident: If possible, report your fall to the property owner, store manager, or landlord right away. Ask for a copy of any incident report they file.
3. Take Photos and Videos: Use your phone to document the hazard that caused you to fall. Take pictures from multiple angles and distances. Include a common object like a shoe or a key for scale. Also, photograph your injuries.
4. Get Witness Information: If anyone saw you fall, ask for their name and phone number.
5. Preserve Your Shoes: Keep the shoes you were wearing at the time of the fall. Do not wear them again. They are important evidence.
6. Consult an Attorney Promptly: Deadlines are critical, especially for government claims. Speak to a lawyer before talking to any insurance adjusters.

How KAASS LAW Handles Faulty Pavement Accidents

At KAASS LAW, we understand that Faulty Pavement Accidents can cause serious and painful injuries. Our attorneys have extensive experience handling complex Personal Injury cases, including those involving premises liability.

We investigate these incidents thoroughly to determine why the pavement failed and who is responsible. This can involve reviewing maintenance records, hiring engineering experts to analyze materials, and documenting the history of the hazard. We are especially knowledgeable about the strict and short deadlines for filing claims against government entities in California. Our goal is to hold negligent property owners and contractors accountable and secure full compensation for our clients’ medical bills, lost wages, and pain and suffering. If a dangerous paved surface caused your injury, please Contact Us for a free consultation.

Conclusion

Cracks, potholes, and uneven pavement are more than just eyesores; they are dangerous hazards that can lead to life-altering injuries. These conditions often result from negligence on the part of property owners or contractors. If you are a victim of one of these Faulty Pavement Accidents, know that you have rights under California law. By documenting the incident thoroughly and seeking experienced legal counsel quickly, you can take the first step toward holding the responsible parties accountable and recovering the compensation you deserve.