Defective Sidewalks

Defective Sidewalks

Personal injuries happen on sidewalks, too. Accidents that happen on sidewalks are usually due to a few factors. Pedestrians get injured by other pedestrians. Sometimes bicyclists riding on sidewalks injure pedestrians. Especially, when bicyclist runs into a pedestrian while traveling at a high speed. Injuries from these types of accidents vary. But, they are usually more severe for children or the elderly.

 

Slip and Fall Slip and fall accidents are common as well. A person might trip on a poorly maintained section of sidewalk. People slip on an icy or a wet section of the sidewalk. Bad weather might make navigating harder than normal. More often than not, the responsibility to fix sidewalk defects is with the city. If it isn’t the local municipality, then it is usually a private property owner.

 

Determining Responsibility

The key issue that matters is whether someone was negligent or not. Negligence means that a person did not exercise a reasonable amount of care. This “care“ is judged as what an ordinary person would do in similar circumstances.

 

However, this does not mean that the property owner is automatically at fault for accidents. Or that the person who caused the accident is at fault either. Sometimes no one is at fault in a sidewalk accident. Other times, the victim is negligent in their own accident. Various parties are partially or entirely at fault depending on the circumstances.

 

What Counts for Negligence?

Generally, negligence has four points. These points get established in a court case to prove that someone was negligent:

 

  1. Duty – Did the person who caused the accident have a duty to not cause the accident?
  2. Breach of Duty – Was harm caused by the duty being breached?
  3. Cause – Is the cause of the accident attributed directly to the defendant?
  4. Damages – Did the accident lead to damages? For example, things like medical bills and pain and suffering.
IF YOU OR A LOVED ONE IS IN NEED OF LEGAL ASSISTANCE, CONTACT US NOW.

Call our office today for a FREE review of your personal injury case. We typically work on a contingent agreement basis, which means our fees are contingent upon the outcome of your case.

 

Don’t Delay! You may have a valid claim! Let us help you get your compensation before the statute of limitations expires!

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Personal injuries happen on sidewalks, too.