Some slip-and-fall accident claims are easy to pursue, especially when they happen inside someone's premises. However, others happen in spaces whose ownership and management are a little ambiguous. For example, it might be hard to tell who to sue if you experience an incident on a city sidewalk and sustain an injury. Here are some guidelines to help you determine the party you can hold liable for such a claim.
When the Sidewalk is Poorly Maintained
If a city fails to fix a sidewalk that the public frequently uses, and someone gets hurt, the local government could be liable for damages. That said, you must get as much evidence as possible after a fall on a cracked public sidewalk. Further, ensure you get the statements and contact information of any bystanders present during your fall if you need them to testify in court. Also, photograph the area, remembering to capture the damaged pavement. This is because clear pictures of the negligent management are the best evidence for these claims. Furthermore, your injury lawsuit will only succeed if you have sufficient proof to back it up.
Cases Connected to Snow and Ice
The presence of snow on the sidewalk can contribute to sliding accidents. Note that removing snow from the walkways in front of government buildings is the city's responsibility in ensuring proper sidewalk maintenance. On the other hand, you can sue the property owner, and not the city, if you suffer an injury on a snowy pavement outside a private establishment or residence. More importantly, document accident scenes involving falls on icy streets in the same way you would a cracked pavement.
Determining Whom to Sue
The owners of both homes and businesses are legally responsible for maintaining a safe walking surface on the pavements outside their buildings. This obliges them to keep their streets in good shape to reduce the likelihood of accidents. In most cases, the process entails a variety of chores, including clearing snow and ice, repairing potholes and cracked pavement, leveling out elevated grates, and tightening loose bricks. Hence, the government should handle a case involving a fall on a city-owned pavement while a home or business owner is responsible if the accident happens on private property. Ultimately, it is advisable to get legal counsel in these situations to ensure the best outcome.
Consult a personal injury attorney before embarking on a sidewalk-related accident claim to help you determine which parties are at fault. They are also instrumental as you gather the documents and eyewitness accounts that you will eventually need to get a settlement from either property management or the municipal council for your injury.
Reach out to a local personal injury lawyer to learn more.
Share27 January 2023
After you have endured a traumatic, life-changing car accident, it can be hard to transition back into your everyday routine. As friends and family members chat about upcoming outlet mall sales or holiday plans, you might be secretly worried about how to pay your medical bills or forget about that wreck. Fortunately, dealing with your car accident case proactively by working with an attorney can really help. After I was involved in a car accident a few years back, my attorney stood by my side and helped me to argue for what was rightfully mine. I made this website to teach others what to do if they are involved in an accident.