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Trip-And-Fall Injuries Due To Falling Into An Open Hole In The Floor

12/1/2016

 
trip and fall injuries in California lawyer
Under California law any business who has an opening in the floor (like a whole) must cover it or provide a guardrail on all open sides. Toeboards shall be installed around the edges at openings where persons may pass below the opening. While the cover is not in place, the openings shall be constantly attended by someone or shall be protected by guardrails. Title 8, Code of California Regulations section 3212(a)(1).

The above law was successfully applied in one recent case in San Joaquin County, where the Plaintiff was awarded $867,000 for injuries and damages as a result of falling into a hole in the floor. (Payton v Installation Services Technologies, Inc.)  In that case, the victim was a bread delivery vendor of a restaurant who came for regular delivery and fell into a hole in the floor, created by an wiring installer previously.  The hole was unmarked and unguarded in violation of the above law.

​The power of the above section is the fact that violating it makes the Defendant automatically at fault and liable. This makes proving this type of slip-and-fall or trip-and-fall case easier than a typical slip and fall case, where the Plaintiff faces the common challenge of proving notice of the condition (i.e. that the condition that caused the fall was created by the Defendant or that they were aware of it long enough and failed to take reasonable steps to remedy it). A typical example of this more difficult slip and fall case would be falling on a wet floor or a banana peel at a grocery store.
​For more useful information on this please visit our page on how to prove a slip-and-fall injury case.


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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case