Trash removal is a service we rarely think about, expect to put out the trash for pick up once or twice a week. However, the system of putting out the trash and having it removed can sometimes break down, and the results have serious effects on people’s health and safety. Normally, we think of hygiene and sanitation issues, like bad odors and infestations of mice and other pests. However, an overflow of trash can also cause injury if people trip over the debris and fall down.
Poor management, understaffing, unreliable workers, and many other issues can lead to a backlog of garbage that remains on curbs and in the streets. Alternatively, home and business owners may leave out trash and fail to make the appropriate arrangements with the city or a private junk hauler. This can also cause spillage of trash into the street.
If you were injured from a trip and fall due to garbage in the street, you may have the right to file a claim for monetary compensation. However, you will need to figure out who is responsible for the accident and prove that they failed in their duty of care to protect you from a trip and fall injury. Our legal team is more than ready to investigate your claim and fight for the settlement you deserve. Contact us today and schedule a free case evaluation.
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Can I Sue if I Hurt Myself from Tripping over Garbage in the Street?
Yes, you may be eligible for a trash in the street trip and fall lawsuit if a public of private entity failed to properly secure the trash or have it removed in a timely manner.
Trash that piles up is a big problem in many neighborhoods, especially in major cities and downtown areas. And these mounds of garbage are much more than smelly eyesores; they can cause people to get hurt if they slip or trip over the debris that spills out onto sidewalks and streets.
As for who is liable when someone has an accident, it may be the city sanitation department if they are not picking up the trash according to schedule (government liability for an accident). Or, they may be negligent in how they pick up the trash. For example, they may be careless in emptying trash cans into the back of the truck, which causes debris to spill out into the street. Trash bags can also fall out from a garbage truck and go unnoticed by the workers. This, too, can lead to a trip and fall accident that can be blamed on the sanitation department.
Other entities that may be responsible are private property owners that put out garbage bags or loose trash on days when they are not supposed to. They may also put out items that are not properly secured, and therefore, end up in the street where people can trip over them. Another problem is putting out trash on the curb and leaving little to no room for someone to walk by. Trying to walk around the bag or trash pile is another reason someone may fall down and suffer one or more injuries.
No matter who is at fault for your accident, it’s crucial to hold them accountable and sue for the compensation you deserve by law. That way, you have the funds that are needed to cover your medical bills and other expenses you would not have incurred had it not been for another party’s negligence.
Injuries Resulting from a Trip and Fall
The mere act of tripping and falling down doesn’t seem like a big deal, but medical professionals can tell you just how dangerous these accidents can be. Those who experience an unexpected fall, particularly in outdoor areas, can easily end up severe injuries, which may include:
- Bone fractures
- Hip dislocation
- Traumatic brain injury
- Broken tailbone
- Spinal cord damage
- Herniated disc and other back injuries
- Whiplash
- Ruptured spleen
- Kneecap fracture
- Torn ligaments, tendons, and muscles
- Missing or broken teeth
- Ankle or wrist sprain
- Chronic pain, particularly in the arms and legs
- Loss of function
With many of these conditions, waiting to seek medical treatment can put you at risk of permanent disability. Please go to the hospital right away, and make sure to save your medical records as evidence for a lawsuit against the negligent property owner / operator. In addition, contact our office and learn about your rights from a trip and fall lawsuit lawyer.
Deadline to File an Injury Claim against the Government
Please note that all liability claims against the government must be filed no later than
6 months from when you were injured. This is a rather short amount of time to gather the necessary evidence, determine the severity of your injuries, and itemize your monetary losses. Each entity of the government also has their own forms and procedures on how to file a claim, so this is another layer of complexity you will need to deal with
Our trip and fall lawyers have decades of experience with fall accident injury claims against city, county, state, and federal agencies. You can leave the paperwork and settlement negotiations to us while you focus on recovering from the harm you suffered.
Statute of Limitations to Sue a Private Entity
Trip and fall lawsuits against private entities, like a home or business owner have a 2-year statute of limitations. That means you have 2 years from the date of the accident to file a compensation claim. This is a completely different procedure from suing the government, so it’s important that you learn about the legal process from an experienced fall injury accident attorney. For reliable advice and aggressive representation on a trash in the street trip and fall injury case, don’t hesitate to give us a call.
Help from a Trip and Fall Lawsuit Attorney
Guidance from a trip and fall lawyer is essential when you are injured from a dangerous condition that was caused by someone else. That’s why our law firm is available to you 24 hours a day, 7 days a week. Along with advice on your legal options, we will provide you with free representation under the Zero Fee Guarantee. That means attorneys’ fees are included in the payment you receive from the defendant at the end of your case. If we don’t manage to recover your settlement, you will be charged $0, so your finances are never at risk when you sign up with us.
To discuss your rights during a free, private consultation, contact the offices of Normandie Law Firm.
