Who Is Liable When You Slip and Fall on the Sidewalk?
11 April 2018No Comments
If you’re the type of person who enjoys going on long walks around your city, then you’re probably aware of the risk of suffering a slip and fall accident on the sidewalk. Although the majority of sidewalk slip and fall accidents are minor, others result in major injuries that may cause you to miss work and pay for expensive medical treatments.
In the aftermath of a severe slip and fall accident, you might be thinking about a lawsuit, which means you need to decide who is liable in your case. Discover how to assign liability after a sidewalk slip and fall accident, and be sure to discuss your claim with a premises liability lawyer.
Slip and Fall Accidents: Ice and Snow
While slip and fall accidents can happen at any time and during any season, they are much more frequent over the winter months when there is potential for ice and snow on the ground. If you’ve fallen on a slippery sidewalk, you might think you have a strong case against your city. However, this is only true in limited circumstances.
Cities are only responsible for clearing the sidewalk of ice, snow and other hazards if the sidewalk is located on city property. If your fall happened in one of these locations, then the city is liable. On the other hand, if the sidewalk in your case was on private property, the owner of the property is liable.
Whether your case is against a private property owner or city, you will need evidence to prove your claim. Primarily, you will need pictures of the scene of your accident. This will ensure that the condition that caused your fall is documented. It can also be useful to gather witness statements if there was anyone present at the time of your accident.
Sidewalks in Disrepair
Liability in slip and fall cases involving an icy, snow or rain-slick sidewalk isn’t always clear. However, if you’ve fallen on a sidewalk that is in an extreme state of disrepair, liability will almost always rest with the city.
Municipalities and cities are obligated to make sure their streets and sidewalks are safe. If this obligation is ignored and a sidewalk becomes cracked and broken, the city is liable for any injuries that occur. Be certain to document the broken condition of the sidewalk that caused your fall, as this will prevent the city from scheduling hasty repairs in order to avoid liability.
Before filing your lawsuit, there are a few issues that you need to consider. First, you will need to tell your city of your intent to sue by filing a notice of claim, which will usually need to be filed within thirty days of the accident. Second, you will need to make sure you are suing the right government entity if your case is against the city. Finally, to improve your chances of success, you need to hire a premises liability lawyer for your case.
Hire a Premises Liability Lawyer
Regardless of whether you’re planning a personal injury lawsuit against a city or a private property owner after a sidewalk slip and fall accident, you need to discuss your claim with a premises liability lawyer from The Bandas Law Firm, PC.
You and your Bandas Law Firm attorney can have a conversation about the facts of your case, after which your attorney who is liable for your injury. Schedule an appointment with us today.