Much of the country is dealing with winter weather and that means increased risks of slips, falls and injuries. The question of who is liable in the case of sidewalk accidents is not always easy to answer and getting to a satisfactory conclusion for the injured party presents its share of challenges.
Is anyone actually at fault in a sidewalk accident?
The first question is one that plaintiffs won’t like hearing—is anyone at fault? Some accidents really are just accidents and the fact of an injury is not prima facie proof of negligence. There’s also the possibility the plaintiff might be the one at fault—especially in this era of distracted walking with cell phones.
To have a legal case in sidewalk accidents, a plaintiff must show one of the following:
- That the conditions which caused the accident were directly caused by the owner of the property. This is more likely to happen in a store, where spilled water causes a slippery floor. In the case of a sidewalk accident, it’s safe to say the owner did not cause the snow or rain.
- Property owners are still responsible for accidents they can reasonably foresee and prevent. If the snow that fell on Monday is left unshoveled and turns to ice in the frigid temps of Tuesday, and that leads to a fall on Wednesday, you can say the property owner should have reasonably foreseen that an accident would occur due to a failure to shovel the sidewalk.
Each municipality has its own regulations on whether the city or adjacent property owners are responsible for sidewalk maintenance. If the city is the one on the hook, there’s a strict limit on how much you can sue for. In the case of a private owner, you might be suing someone who lacks deep enough pockets to make it worthwhile.
In either case, contact a personal injury lawyer immediately to get advice on your local laws and how to proceed.