Who is Liable For a Slip and Fall Injury On a Sidewalk?
A slip and fall can result in serious injuries, broken bones, head injuries, and much more. If you are injured as a result of a slip and fall on someone else’s property, you are typically entitled to compensation, but what happens if that injury occurs on a sidewalk? Who’s responsible and how do you go about getting the compensation you need to recover from your injuries?
Well that’s just what we’re going to take a look at here today. Personal injury cases can sometimes be quite complex, so getting a personal injury attorney you can trust on your side right away will help make sense of things and make sure you can get the maximum compensation you deserve.
Proving Negligence in Your Slip and Fall
There is one thing you want to make sure of before you proceed with trying to figure out liability for your slip and fall. In order to have a case for compensation, you must prove that your slip and fall was caused by negligence.
In this instance what you are trying to prove is that the sidewalk was in reasonable disrepair, which caused your slip and fall and resulted in your injuries. Cracks, broken concrete and other signs are all proof of negligence, so if this is the situation, your next step is determining liability.
Determining Liability in Your Sidewalk Slip and Fall Case
Liability in a public sidewalk slip and fall case can be complicated. There are 3 distinct possibilities for who may be liable for your injuries depending on the individual laws of your state or local municipality.
In some areas, the local city or state is responsible for upkeep and maintenance of all sidewalks, even those that reside on the property of a home or business owner. In others the property owner is held responsible for upkeep and any injuries resulting from neglect of the sidewalk. In still other instances, both parties may be held responsible for the accident.
As you can see, this can make getting compensation for your injuries a bit more difficult. Getting help from your personal injury attorney will make the process a bit easier, but after you’ve documented your injuries and the condition of the sidewalk, the next step to determine liability is to check your state’s laws regarding sidewalks.
This can be a tedious process, but it will ultimately tell you who is responsible in the event that someone is injured on a sidewalk. From there your attorney can begin preparing your case against the at-fault party.
If your case is against the property owner, then you will be going against their insurance company and they will work to prove that the sidewalk was not in disrepair and that the accident was your fault. If you are dealing with the city, they may opt to try to settle quickly if the fault is evident, but then they may also try to drag things out and discredit your claim. In either situation, it is best to let your attorney handle the proceedings and determine what your case is worth before even considering a settlement offer.
We hope this helps you figure out what to do if you are injured on a sidewalk by a slip and fall. Start with a personal injury attorney and then check with your state and local laws for who is at fault before moving forward with your case so that you can be sure to get the maximum compensation you deserve.
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