Can I File a Lawsuit if I Slipped and Fell on a Sidewalk? Who’s Responsible?
A slip-and-fall accident can be annoying and embarrassing. Unfortunately, few people are lucky to escape with only minor scrapes from a slip-and-fall accident. Sometimes, these accidents can lead to life-threatening injuries, such as broken bones, knee and ankle injuries, concussions, and even traumatic brain injuries. This can lead to unexpected and lengthy hospital stays, surgeries, and months of physical therapy and recovery. If you have suffered severe injuries after slipping and falling on a sidewalk, you may be wondering if you can file a lawsuit and who may be held responsible for the accident. Let’s explore what recourse you may have.
Causes of Slip and Fall Accidents
Slip and fall accidents happen when one trips, slips, or falls while on another person’s property due to unaddressed hazardous conditions. The common causes of slips and falls on sidewalks include the following:
- Snowy or icy walkways
- Wet or slippery floors
- Poorly maintained entrances and exits
- Poorly lit walkways
- Loose gravel or paving stones
- Potholes, cracked pavement, or uneven surfaces
- A drop-off between the sidewalk and the grass
Who Is Liable?
If you have a sidewalk slip and fall personal injury case, the first step is determining who is responsible for the sidewalk maintenance where the accident occurred. Your slip and fall attorney can help establish this by researching and determining the owner of the property. Sometimes, it is the municipal government; in other instances, it could be the adjacent private owners.
If the municipal government is responsible, your attorney must file a “notice of claim” with the relevant government agency within 90 days after the incident. While you can file a lawsuit against a private party immediately after an incident, government claims require filing a notice first. The government will then investigate, attempt a resolution, or deny the claim.
It’s essential to act quickly, as the city may take steps to minimize its liability by fixing the hazard that caused your injury before you can gather sufficient evidence. Without strong evidence, proving your case and recovering compensation can be challenging. Additionally, the city will likely undervalue your losses and may assemble a legal team to defend against your claim. Without the help of a slip and fall attorney, navigating these challenges can be overwhelming. Working with a slip-and-fall accident lawyer ensures you’re in the strongest position to recover the compensation you deserve.
If an individual, such as a homeowner or a business, is liable, your attorney will file a claim with the responsible party and their insurance provider. You may be eligible to recover compensation for medical expenses, including home modifications like wheelchair ramps. You could also claim lost wages, future lost earnings, loss of enjoyment of life and pain and suffering.
Negligence in a Slip and Fall Accident
In Kentucky, slip and fall claims, including those arising from sidewalk accidents, are based on negligence. Therefore, you must prove that the responsible party knew that a dangerous condition existed on the property and negligently let it persist, or since they had a duty to exercise reasonable care, they should have known about the hazardous condition but failed to correct or repair it to a reasonably safe condition.
A London Lawyer Can Help With Your Sidewalk Accident Claim
If you have been injured in a slip and fall accident on a sidewalk, contact our skilled London and Southeast Kentucky slip & fall attorneys at Cessna & George Law Firm today.
Source:
apps.legislature.ky.gov/law/statutes/statute.aspx?id=17766#:~:text=No%20action%20shall%20be%20maintained%20against%20any%20city%20in%20this,the%20manner%20provided%20for%20the
