Sidewalk Mishaps: What to Do After a Sidewalk Slip and Fall Accident

Slip and fall accidents can happen anywhere, and one of the most common places for these types of incidents is sidewalks. Significant foot traffic in bustling neighborhoods, maintenance and repairs that leave behind debris, and slippery conditions caused by weather can all lead to severe injuries. 

Factors like exposure to harsh weather conditions and lack of consistent upkeep make sidewalks particularly vulnerable to wear and tear, contributing to dangerous situations for unsuspecting pedestrians.

Common Causes of Slip and Fall Accidents on Sidewalks

Many things can contribute to a sidewalk being unsafe.

Cracked or Uneven Pavement

Over time, natural wear and tear, shifting ground, or invasive tree roots can lead to cracked and uneven surfaces, increasing the risk of a trip and fall on an uneven sidewalk.

Weather-Related Hazards

Ice, snow, rain, or wet leaves can turn a seemingly harmless sidewalk into a dangerous pathway, especially during colder seasons.

Obstructions

Objects that can obstruct normal walking routes, like scooters, bicycles, and fallen branches, force pedestrians to maneuver dangerously. 

Poor Lighting

Hazards may be hidden on poorly lit sidewalks, making them dangerous to navigate at night and increasing the risk of a fall.

Loose Gravel or Sand

Construction projects and erosion can leave loose gravel or sand behind, creating an unstable walking surface.

Types of Injuries From Slip and Fall Accidents

Injuries from slip and fall incidents can range from mild to life-altering. Common injuries include broken bones, sprained ankles or wrists, concussions, and back injuries. The risk of severe consequences, such as hip fractures or traumatic brain injuries, is especially high for elderly or disabled individuals, who may face a longer and more complicated recovery process.

Determining Liability in Sidewalk Slip and Fall Cases

You may be wondering who would be liable in a sidewalk fall lawsuit. Several parties may be liable if you slip and fall on a broken sidewalk. 

Property Owner

If a sidewalk hazard is linked to an adjacent private property, the owner may be liable for failing to address the danger.

City or Municipality

The local government or city is often responsible for sidewalk maintenance, making proving negligence on the part of a municipality fairly challenging but necessary for securing compensation. An experienced slip and fall lawyer can assist in determining who is liable.

Third-Party Vendors

Companies responsible for maintenance or street cleaning may share liability if they neglect their duties, such as failing to clear debris or repair damage.

Legal Criteria for Proving Negligence in Sidewalk Slip and Fall Cases

To hold a party accountable, you must demonstrate that they failed to uphold their duty of care:

• Duty of Care: Both municipalities and property owners are legally required to maintain safe sidewalks.
• Breach of Duty: This occurs when a property owner ignores reported damage or fails to clear ice promptly.
• Causation and Damages: You must prove that the breach directly caused your injuries and quantify the impact on your life, from medical expenses to lost wages.

An experienced slip and fall accident lawyer, like those at Morgan & Morgan, can help you protect your legal rights.

Steps to Take After a Slip and Fall on a Sidewalk

To protect your health and strengthen a sidewalk fall lawsuit, there are several steps to take:

Seek Immediate Medical Help

Documenting your injuries immediately is crucial, as delays can weaken your case and compromise your health. Even if your injuries don’t show symptoms right away, it is important to prioritize your health.

Report the Incident

Depending on the location of the incident, report the hazard to city officials, law enforcement, or property owners. Always ask for an incident report, which can be official accident documentation. 

Gather Evidence

Take photographs of the accident scene, collect witness information, and document relevant details.

Seek Legal Advice

A slip and fall lawyer can help you navigate complex liability issues, especially when dealing with government entities.

Compensation and Damages Available for Sidewalk Slip and Fall Cases

There are various forms of compensation that you may be entitled to after you slip and fall on a sidewalk:

• Medical Expenses: Coverage for emergency room visits, surgeries, and long-term physical therapy.
• Lost Wages and Future Earnings: Compensation for time off work and any future income lost due to injury.
• Pain and Suffering: Monetary relief for physical and emotional trauma endured.
• Permanent Disabilities and Scarring: Compensation for lasting impacts, like reduced mobility or necessary medical devices.

Challenges in Sidewalk Slip and Fall Claims

Several things may pose a challenge in your sidewalk fall lawsuit. Working with an experienced lawyer like those at Morgan & Morgan can help you navigate these obstacles. They have the expertise to handle complex municipal liability cases, gather compelling evidence, and advocate for the maximum compensation you deserve.

Government Immunity

Suing a city or municipality has obstacles, such as immunity protections and stricter filing deadlines.

Contributory or Comparative Negligence

If your behavior, like texting while walking, contributed to the fall, it could impact the compensation received.

Witness and Evidence Challenges

Gathering reliable evidence may be challenging, especially in high-traffic public areas where hazards may quickly change. This emphasizes the importance of collecting photos and proof as soon as possible. 

While these are common challenges of sidewalk slip and fall claims, it doesn’t mean you have to face them alone. At Morgan & Morgan, we are America’s largest personal injury law firm, which means we have the resources to fight for you.

Statute of Limitations and Special Rules for Sidewalk Injury Claims

Slip and fall claims are bound by time limits that vary by state and municipality. Failing to meet these deadlines can bar victims from pursuing compensation.

Your Guide to Sidewalk Slip and Fall Claims: Frequently Asked Questions 

Who is responsible for injuries on a sidewalk?

Responsibility for injuries on a sidewalk can be complex and depends on several factors, including the sidewalk's ownership and maintenance obligations. The parties that may typically be liable are:

• Municipalities or Local Government: The local government could be liable if your injury occurred on a public sidewalk due to poor maintenance or hazards that should have been addressed. However, there are strict protocols and deadlines for pursuing claims against government entities, often involving a shorter statute of limitations.
• Property Owners: Some cities have ordinances that require property owners to clear snow and ice, repair cracks, and ensure that the sidewalks bordering their property are safe. Failure to do so could result in liability for injuries.
• Business Owners or Third-Party Vendors: In some cases, businesses that lease property adjacent to a sidewalk or companies contracted for sidewalk maintenance (such as snow removal services) could share liability. If the business or maintenance company neglected their duties—such as failing to clear a hazardous condition—they could also be held accountable.

What if the sidewalk hazard was temporary, like ice?

If the sidewalk hazard that caused your fall and injury was temporary, such as ice, you may still have a valid claim, but proving liability may be more challenging. Here’s how it generally works:

Reasonable Time Frame: Property owners and municipalities are usually given a "reasonable" amount of time to address temporary hazards like ice or snow accumulation. What qualifies as reasonable depends on the circumstances, including the severity of the weather and the time elapsed since the hazard appeared. If you can prove that the responsible party had ample opportunity to remedy the situation but failed to do so, you may be able to establish negligence.

Proactive Measures: If the property owner or city took steps to mitigate the hazard, such as spreading salt or sand, and you still fell, the success of your claim might depend on whether these measures were adequate. Evidence like photographs and witness statements can be crucial in these cases.

Weather Reports: Documentation, such as weather reports or service logs, can support your case by showing that the hazardous condition persisted longer than it should have without proper intervention.

Can I still file a claim if I didn’t notice the hazard immediately?

Yes, you may still be able to file a claim even if you didn’t notice the hazard immediately, but your case may be more complicated. The key issue is whether a "reasonable person" in the same situation would have seen the hazard:

Contributory or Comparative Negligence: Depending on the state in which you live, your compensation could be reduced if you are found partially responsible for your injury. If you were distracted, say on your phone, and failed to see a visible hazard, the defense may argue that your actions contributed to the accident. This does not, however, bar you from recovering compensation.

Objective Standards: Courts often use an objective standard to determine if a person exercising ordinary care would have seen and avoided the hazard. This could strengthen your case if the danger was hidden or difficult to spot. Providing evidence, such as photos of the area or witness testimony, can help illustrate that the hazard was not easily noticeable.

How much can I expect to receive in compensation?

The compensation you may receive depends on several factors, including the severity of your injuries, the impact on your quality of life, and the financial losses you’ve suffered. Here’s what you might be compensated for:

• Medical Expenses: This includes past, current, and future medical costs related to your injury, such as emergency care, surgeries, physical therapy, and ongoing treatment. Keep all medical records and receipts to document these expenses.
• Lost Wages and Future Earnings: If your injury caused you to miss work or affected your ability to earn income in the future, you could be compensated for lost wages and loss of earning capacity.
• Pain and Suffering: These damages account for the physical pain and emotional distress caused by the injury. This type of compensation is more subjective and may require expert testimony or detailed accounts of how the injury has affected your daily life.
• Permanent Disability or Scarring: If the injury leaves you with a lasting disability or disfigurement, you may be entitled to additional compensation for the impact on your future quality of life and the costs associated with long-term care or adaptive devices.
• Other Costs: Out-of-pocket expenses, such as transportation to medical appointments or home modifications required because of your injury, may also be recoverable.

What happens if I miss the deadline for filing a claim?

Missing the deadline to file a claim can be a significant obstacle, but there may be some exceptions or alternative routes you can pursue:

Statute of Limitations: Each state has a statute of limitations that dictates how long you have to file a personal injury lawsuit. Typically, this period ranges from one to four years from the date of the incident. The deadline for claims involving government entities is often much shorter, sometimes requiring a notice of claim to be filed within 30 to 90 days.

Exceptions to the Rule: In certain circumstances, you may be able to extend the deadline. For instance, if you were incapacitated or the responsible party actively concealed the hazard, the statute of limitations might be tolled (paused). However, these exceptions are rare and require strong justification.

Consequences of Missing the Deadline: If you miss the deadline, your case will likely be dismissed, and you won’t be able to recover any compensation. That’s why acting quickly and consulting with an experienced slip and fall lawyer who can advise you on your options is crucial.

Legal Alternatives: Even if you think you've missed the deadline, a lawyer may still be able to explore other legal strategies, such as negotiating with insurance companies or finding loopholes in the statute of limitations. Consulting with an attorney at Morgan & Morgan is your best bet to understand the full scope of your legal options.

Preventative Tips for Pedestrians to Avoid Sidewalk Slip and Fall Accidents

To prevent slip and fall accidents on sidewalks, pedestrians must remain aware of their surroundings and take preventative measures to reduce their risk.

• Seasonal Caution: Remain extra vigilant during icy, snowy, or rainy weather.
• Appropriate Footwear: Wear shoes with sturdy traction to prevent slipping.
• Awareness: Avoid distractions like looking at your phone while walking.
• Checking Lighting Conditions: Walking in well-lit areas at night for better visibility.

These preventive measures reduce your risk of experiencing a hazardous slip and fall, but accidents happen. When they do, knowing your rights and options can make a difference.