The Short Answer:
If you slip and fall on a sidewalk in Tennessee, your ability to pursue a legal claim depends on who is responsible for that sidewalk and whether their negligence caused your injuries. Sidewalks may be owned and maintained by a city, county, adjacent property owner, business, or even a homeowner’s association, and each situation has different legal rules for liability. Because claims against municipalities and private parties involve specific notice requirements, duties, and deadlines, an attorney from The McMahan Law Firm can help identify the responsible party, navigate the process, and advise you on whether you could be entitled to compensation.
Key Takeaways
- Simply falling on a sidewalk doesn’t automatically mean someone else is responsible. You must show a dangerous condition and fault.
- Sidewalk ownership and control affect liability: public sidewalks may involve city or government responsibility, while others may be the duty of adjacent property owners or private entities to maintain.
- Cracks, broken pavement, uneven surfaces, unaddressed snow/ice, and other hazards may form the basis of liability if the responsible party knew or should have known about them and failed to fix or warn.
- If a city or municipality may be responsible, there are unique procedural steps (such as filing a notice of claim by set deadlines) that must be followed before a lawsuit can proceed.
- Photos of the hazard and fall site, witness information, medical records, and documentation of notice to the responsible party all help support a claim.
- Tennessee’s statute of limitations usually gives injured persons a limited window to act. Missing deadlines can bar your right to recover.
- Determining liability and navigating both private and government claims can be complex. A premises liability attorney from The McMahan Law Firm can help assess your case, identify who may be responsible, and pursue the compensation you may be entitled to.
Cities and Negligence
Personal injury lawsuits against a city, town or municipality can be extremely difficult. There are only certain circumstances where a city has a duty to protect the safety of a citizen, which limits the possibility of filing a lawsuit. In addition, just because a city was responsible for your safety, it doesn’t mean they acted negligently. You will have to prove that it was the city’s negligence that led to your injury.
Snow and Ice
The most common situation that causes people to file a lawsuit against a city is after a slip and fall accident related to snow and ice. When snow and ice accumulate on a city sidewalk, it can easily lead to a slip and fall injury.
Most people don’t realize that cities are not responsible for removing snow and ice from sidewalks in all circumstances. For example, if the sidewalk is located on a private residence or commercial property, the city is not responsible for removing snow and ice. This means they aren’t liable for injuries that happen for these sidewalks. A city is only responsible for icy related slip and fall accidents if they occur on public property.
Poorly Maintained Sidewalks
While the city is not responsible for removing all snow and ice from sidewalks, they are responsible for maintaining the integrity of these pathways. When a sidewalk or street becomes cracked or broken, it is the city’s responsibility to schedule repairs. If a broken sidewalk caused your fall, you might have grounds for a lawsuit. However, you must be sure to gather the right evidence.
Fully document the scene of your accident. If possible, take pictures of the broken sidewalk or street. These pieces of evidence can be invaluable in a personal injury lawsuit.
Notice of Claim
Before you file your lawsuit, you are required to file a notice of claim against the city. This claim is a document that informs the city of your intention to file a lawsuit. In your notice, you should describe your accident, your injuries, how much compensation you’re seeking and your name and contact information.
To get help filing your notice, it’s a good idea to hire a personal injury attorney. Your attorney will make sure your claim includes the right information and is filed in the proper period.
Find a Local Personal Injury Attorney
The best decision you can make after suffering a slip and fall accident is to hire a personal injury attorney from the McMahan Law Firm. Our attorneys can research the facts of your case and help you identify the liable party. We can also ensure that you are following the proper procedure for filing a lawsuit against your city.
Contact The McMahan Law Firm about your slip and fall accident today.
