Trip and Fall on Uneven Sidewalk: Who Is Liable?

Recently injured after slipping falling on a sidewalk? Read this article to learn if you can sue if you fall on a sidewalk who can be held liable

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Can I Sue if I Fall on a Sidewalk?

In California, walking, jogging, or running is just as clean as the surfaces under your feet. A defective walkway or pavement, such as cracks, ice, or uneven surfaces, places pedestrians at risk of dangerous slip and fall accidents. Each year, thousands of people in California are hospitalized in slip, trip, and fall accidents. Determine who would be liable for your injury and hospital costs if you were involved in a fall on a pavement.

Who Is Responsible for Sidewalk Maintenance?

A fall on a sidewalk is distinct from one that occurs on private land, such as a private home or business. It may be more challenging to discern who owns or is legitimately responsible for managing the sidewalk. Additionally, there might be no clear one to blame, such as a supermarket employee who fails to clean up a spill. This is not to say, though, that anybody who falls on a pavement has no legal recourse.
The first move in bringing a sidewalk accident lawsuit is determining the property’s owner or possessor. If the sidewalk was located on private property, such as an individual’s driveway or a storefront, there might be a private property owner. If, though, the injury occurs on a public sidewalk, the municipal or state government is responsible for the property’s preservation and upkeep. You may require the assistance of a Los Angeles slip and fall attorney in determining who owns the defective sidewalk.

California Government Claims

The California Tort Claims Act governs claims against the government for personal injuries and neglect. When the faulty sidewalk was located on public land, you would follow those procedures in order to file a lawsuit against the government. To begin, you will have a shorter filing deadline. In California, the statute of limitations on a typical slip and fall lawsuit is two years. However, if you are suing the government, you will only have six months to contact the appropriate government body. After that, you must wait at least 45 days to get a comment before filing a complaint.
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How to Prove a Sidewalk Fall Claim

After you’ve identified the wrongdoer (defendant), you’ll need to gather facts demonstrating the party’s negligence caused the slip and fall. In general, a sidewalk accident in California will result in a complaint if the property owner was aware of or fairly should have been aware of the sidewalk defect but refused to make timely repairs. It would be your responsibility or that of your attorney to determine the owner’s negligence.
The property owner (government) owed you a duty of care. To be owed a duty of care, you must be a legal guest (an invitee or licensee) on a house, not a trespasser.
  • The property owner (government) owed you a duty of care. To be owed a duty of care, you must be a legal guest (an invitee or licensee) on a house, not a trespasser.
  • By failing to check the sidewalk for flaws, patch defects, or warn guests of potential dangers, the property owner violated an obligation.
  • Your slip and fall crash was caused by the property owner’s violation of duties. There must be an unmistakable connection between the owner’s incompetence and your fall.
  • You sustained compensable injuries as a result of the fall. Finally, you must demonstrate that you have suffered compensable fall-related losses, such as hospital costs and lost earnings.
You would be able to effectively determine the defendant’s fault (legal responsibility) for the sidewalk fall accident if you can establish all four elements. However, be prepared for the comparative negligence argument during the course of the claim. This defense asserts that you caused the crash by your own behavior, such as an open and obvious danger. Comparative negligence could minimize your recovery award in California. A attorney will assist you in rebutting this defense.
Consult an expert for more details about the sidewalk fall accident lawsuit. A lawyer may assist you in identifying the wrongdoer, representing yourself against the government or a third entity, and pursuing only justice for your injury and damages.

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