Slip and fall accidents are extremely common and often result in serious injuries. While most slip and fall accidents occur in the home, it’s also possible to suffer a fall when you’re out for a stroll on a city sidewalk. After falling on a sidewalk and suffering an injury, many people wonder if they are eligible to file a lawsuit against the city.
Like most personal injury lawsuits, a slip and fall lawsuit against a city depends entirely on liability, which means you need to learn about who is liable for a sidewalk fall. Read about liability in a sidewalk slip and fall accident and find out why it’s a good idea to bring your case to a premises liability attorney.
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 following a lawsuit against your city.
Contact the McMahan Law Firm about your slip and fall accident today.