Who is Liable for Falls on Public Sidewalks?
Whenever you wish to file a personal injury lawsuit in a slip and fall case, your ability to win the case hinges on proving that the property owner was somehow negligent. Remember: just because you fell down on someone else’s property does not necessarily imply negligence. The property owner must have violated some duty of care that in turn caused your injury to occur.
So if, for example, a public sidewalk is in an unsafe condition, and the owner either knew or should have known about this condition, you could be eligible to receive compensation in your case.
However, liability for slips and falls on public sidewalks is not always straightforward. It’s not always just the property owner who is responsible for upkeep of sidewalks. In some locations, the municipality is responsible for upkeep of sidewalks.
Determining the liable party in your case will involve both a knowledge of your local area’s laws and an understanding of how the context of where your accident occurred will impact your case.
If the municipality is found to be liable in your case, you should be aware of the time limitations on your right to file a lawsuit against that municipality. First, there is a statute of limitations for filing a slip and fall case against a city or town. It could be as little as 30 days. It is imperative that any incident potentially involving a municipality be investigated immediately.
Consult the knowledgeable slip and fall attorneys with Jakubowski, Robertson, Maffei, Goldsmith and Tartaglia, LLP to learn more about your legal options.