Determining liability for public sidewalk trips and fall accidents can be complicated. The prices depend on several factors such as those responsible for maintaining the property near the sidewalk, how when the accident occurred. However, working with an experienced sidewalk trip and fall accident attorney will expertly identify the responsible parties and apply the proper techniques for determining fault.
Possible Causes of a Sidewalk Trip and Fall Accident
A sidewalk trip and fall accident can be both embarrassing and catastrophic. You can break your ankle, hip, spine, and other body parts. You can even sustain a bruised face and arms. In extreme cases, you could even support a brain concussion.
Slip and fall accidents don't just happen. Property owners and managers are responsible for maintaining the portion of pavements and walkways near premises. Also, government entities are mandated to do regular repairs, maintenance, and general construction of these public walkways.
Unfortunately, due to neglect and inconsistent maintenance, most public sidewalks pose a safety risk to users. Common causes of public sidewalk trips and fall accidents resulting from defects include broken sidewalks, loose brick, exposed tree roots, potholes, and gaps between slabs. Where construction and maintenance are being done, proper warning signs must be displayed to curb slips and falls. Additionally, where there are cave-ins in certain sections of the sidewalk, it would be hard to avoid tripping and falling.
Who Is Liable For A Public Sidewalk Trip and Fall Accident?
This depends on the person mandated to oversee and maintain the particular sidewalk the accident occurred. For instance, if it is near a residential building, then the landlord has a responsibility to maintain and keep the surrounding sidewalks free from potential danger.
Likewise, a sidewalk near a commercial property such as a building or business complex is the responsibility of the landowner or property owner to repair and maintain. Sidewalks on public roadways fall under the jurisdiction of the government agency responsible for the construction, repairs, and maintenance of that particular roadways. An accident arising due to the negligence of these concerned parties may attract a personal injury claim or lawsuit against them for their negligence.
To prove negligence, the injured victim must prove that the at-fault parties failed in their mandated responsibility to provide a safe environment for all users of their premises. You should also prove that the at-fault parties failed to provide the correct warning signage for any ongoing construction work. Hence their negligence caused your injuries.
Furthermore, a government agency that neglected its mandated duty despite written notices and complaints from residents or members of the public is liable for any injuries that may occur as a result of any public safety hazard that falls within its jurisdiction.
What To Do After a Sidewalk Trip and Fall Accident
It is advisable that all victims of a sidewalk slip and fall accident gather as many pieces of evidence of the accident as possible. You can take pictures or record videos showing the condition of the sidewalk and the danger it poses to users. You can also take photos of your injuries to determine how severely hurt you were. Next, get checked up by a medical professional to help validate your claim that the sidewalk defect caused your injuries. Finally, talk to an experienced sidewalk trip and fall attorney who knows how to handle stubborn insurance companies to help you receive the compensation you deserve.
