Who Is Liable for Sidewalk Slip and Fall Accidents?
Slip and fall accidents can occur anywhere at any time, resulting in a wide range of physical injuries, emotional pain and suffering, and financial damages to the victims. These incidents are more common in areas that see a lot of foot traffic each day and are therefore prone to a greater risk of public safety hazards that make such unfortunate accidents possible. Public sidewalks are one of the most common locations for slip and fall incidents since they are used by millions of people every day for their daily commute between home and work.
Most sidewalk slip and fall accidents occur due to easily preventable public safety hazards that result in significant physical injury if left unattended. These incidents might result in multiple kinds of injuries varying in extent and severity. Some of the most common injuries include long bone fractures, concussions, internal bleeding, hematomas, spinal cord damage and paralysis, contusions, skull fractures, joint sprains, dislocations, etc. In the face of such injuries, it is natural to wonder whether you can pursue legal action against the party responsible for your slip and fall accident and damages.
Causes of Sidewalk Slips and Falls
Slips and falls on sidewalks can occur due to unattended safety hazards like fluid spills, broken tiles, improper cleaning, a buildup of debris, dirt, or snow, cracks in the pavement, open potholes, lack of guardrails, inadequate warning signs, and more. Since sidewalks always remain exposed, they are prone to natural wear and tear and damage due to rain, snow, earthquakes, etc.
Determining Liability
A sidewalk slip and fall accident can occur due to the negligence of a private property owner or the local government, depending upon the location of the incident. If the accident occurred on a sidewalk at a private establishment, the liability rests with the property owner or management because it is safe to assume that they had or should have had adequate knowledge about the safety hazards on the sidewalks at their property. It is also essential to demonstrate that despite the knowledge, they failed to take appropriate action to eliminate said safety hazard, which led to the accident and related damages.
Similarly, if the accident occurred on public property, the same rule applies to hold the local municipality liable for the accident. All places of business, whether owned by the government or a business or rental service are responsible for maintaining the safety and upkeep of the sidewalks adjacent to their properties and ensuring that no unfortunate accident occurs due to a lapse in safety on their part.
Filing a Lawsuit
With the help of legal representation and adequate physical evidence supporting your case, you can file a lawsuit against the party responsible for your accident and injuries. To file a lawsuit, you must act before the statute of limitations is crossed. This duration can vary between different states and significantly impact the amount you receive as compensation for your damages. It is also essential to file a claim with the right branch of the government if your accident occurred on a public sidewalk. When it comes to filing lawsuits such as these, the importance of skilled legal representation cannot be overstated.
Conclusion
Hiring a competent slip and fall lawyer is essential to safeguard your legal rights in case of any future legal proceedings. A skilled lawyer will help compile all the necessary evidence and file the accurate paperwork needed to increase your chances of receiving fair financial compensation for your damages.