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I actually have a legal question. I had a bad fall in a

I actually have a...

I actually have a legal question. I had a bad fall in a Safeway parking facility and broke my foot. I told the manager and they painted the concrete bumps that keep you from pulling in too far - bright yellow. Previously - when I tripped on it - it was the same color of the parking deck.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: What steps have you taken so far?

I spoke with an attorney who seemed to fel there is no rush and for me to get treatment. I start physical therapy soon. The law firm for safeway, sedgwick, tells me that the parking lot is controled by the lessor of the shopping area and said he would send me contact info but he has not.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that they painted the cement bumps a bright yellow since my fall so they admitt there was a problem.

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Answered in 6 hours by:
5/12/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 1,379
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. First, I am sorry about your fall and hope that your foot is getting proper treatment. In terms of there being no rush and your attorney's advice to get treatment, that is a good approach as you want to have a full appreciation for the true scope of your injury prior to rushing a case to court. Under California law, you should have two years from the date of your fall to file any lawsuit if you are unable to resolve the matter with the property owner. If the parking lot is not owned or controlled by Safeway, then your lawyer should identify the person or organization that is in control of that area so that all proper parties can be identified and approached about your injury and, if necessary, included in any lawsuit. All of that said, it is probably good news for the next person that the bump is now painted a bright and different color from the rest of the parking lot, but that fact will likely not be admissible at any trial. California Evidence Code §1151 specifically prohibits admission of what are known as "subsequent remedial measures" to prove the party is negligent or culpable. What that means is that after an accident, any steps the property owner takes to avoid future falls or improve conditions cannot be admitted as evidence in a trial for the purpose of proving that property owner was at fault. This type of ban on such evidence is common throughout most, if not all, jurisdictions as the policy behind it is that the state does not want to discourage property owners from taking steps to make their properties safer for fear that taking such steps would be viewed as some sort of admission.

I hope this information is helpful. If you need additional assistance, feel free to reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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I just wanted to check in to see if you needed any further assistance.

Attorney Wendy
Category: Legal
Satisfied Customers: 1,379
Experience: Member at Keefer & Keefer LLC
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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