The answer to this question depends on the circumstances of your fall, including where you were during the incident and how badly you were injured. A lightly scraped knee is a much different situation than if you broke a bone or got a concussion.
Also, it matters who is responsible for the pavement that you tripped on. Your options are very different if you trip while walking on your driveway compared to if you trip on the walkway at work.
Minor Injury
If an injury is minor enough, you probably don’t want to take legal action. A scraped knee or nasty bruise may hurt but doesn't require any meaningful medical attention. Your out-of-pocket cost for that type of injury is minuscule and is not worth your time to pursue legal action.
With that being said, you probably still want to follow up on the incident if someone other than you was responsible for the pavement. Advise the responsible party that there is a danger and that you were injured. This lets them know that they should repair it, and you might get minor compensation, especially if a business is liable.
Before deciding not to take legal action, though, be certain that the injury is minor. Some broken bones or soft tissue damage can appear less serious at first. A visit to urgent care is inexpensive and should quickly determine the seriousness of your injury.
Public Sidewalk in Front of a Home or Business
In most states, the owner of an adjacent building is responsible for maintaining the public sidewalk that runs past it. Depending on state laws, this might mean that the owner is only responsible for clearing debris or that they are also responsible for repairing damage to the sidewalk.
A Morgan and Morgan attorney is familiar with the laws of the state and can tell you whether the owner of the building is liable for any injury you suffered. If they are, you can take legal action against them as part of a premises liability case.
Alternatively, the city might be the responsible party. In states where the building owner isn’t responsible, the local government usually is. This is especially true if the building owner has advised the local government that a danger exists and needs to be corrected.
Public Sidewalk or Road Adjacent to or on Public Property
When the culpable pavement is adjacent to or on public property, the city, county, or state is almost always responsible for maintaining it. This means that the appropriate government entity should inspect it regularly and repair it as necessary. If this isn’t being done, the government may be responsible for your injury.
Your attorney will examine public records to determine whether due diligence was being followed. If there is any evidence that the appropriate party was negligent in its duty to protect the public, you can take legal action.
Any Location While You Are Working
If you are at your workplace when you trip and fall due to uneven pavement, it usually means your employer is responsible for your injury. Most workplaces have a reasonably robust system in place for dealing with on-site injuries. You may have to fill out a lot of paperwork, but in most cases, you should easily get compensation for the harm.
However, you may not realize that you don’t have to be at your workplace to benefit from that process. If you work offsite, you are eligible for compensation from your employer if you are injured while performing work duties.
Thus, if you trip and fall over uneven pavement while carrying out a delivery or while visiting a client, you should report the incident using the same procedure. This should ensure that you get compensated, regardless of whether your employer or another party is liable for your injury.
At Home
If you have failed to maintain your property, you are liable for the injury you suffer after a fall. But that doesn’t necessarily mean that you can’t receive compensation. Depending on what type of insurance policies you have, you may be able to make a claim with your insurance company to cover most or all of your medical expenses.