A defective sidewalk can lead to a plethora of devastating injuries – from slips and trips to broken bones, facial lacerations, or even a traumatic brain injury (TBI). However, what constitutes a defective sidewalk versus a person’s natural clumsiness? How would that determination affect your ability to collect compensation if you were injured from that sidewalk-related injury?
Remedying issues from a defective sidewalk is typically something the city is responsible for doing. When the city fails to remedy these defects, and a pedestrian is injured, there are legal ramifications.
If you were injured while walking on a defective sidewalk, you must first determine who is responsible for the injury and prove the following four elements, which include:
Say, for example, that a person has already slipped and fallen on a sidewalk due to the defect. Therefore, the city knew that a previous injury occurred. However, it decided to wait on repairing the defect. Several months later, another person is injured. In this case, the city had notification and plenty of time to rectify the hazard, but failed to do so.
Anytime when you suffer injuries on government property, it is imperative that you speak with an attorney. The process of filing a claim against a government agency is highly involved, and even though the city is liable, you have specific protocols that you must follow to file your claim successfully.
For assistance with your injury case, contact Koonz, McKenney, Johnson, DePaolis & Lightfoot, LLP for a free case evaluation. You can call one of our three offices directly or connect with an advocate online.