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How Can I Prove Negligence in a Sidewalk Fall Lawsuit?

Slip and fall accidents can be traumatic and stressful. If someone’s negligence has caused your accident, you can hold the negligent party accountable for your injuries. Here is all you need to know about sidewalk slip and fall lawsuits.

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Common Causes of Sidewalk Slip and Fall Accidents
Weather conditions or lack of maintenance can lead to slip and falls on a sidewalk. Some of the most commonly observed reasons for sidewalk fall incidents include:

  • Snow or ice
  • Cracks and holes caused by seasonal weather
  • Debris or hazardous obstacles placed on the sidewalk
  • Uneven pavements caused by poor construction or concrete uplifted by tree roots

Parties Liable for Sidewalk Fall Injuries
The party responsible for the sidewalk maintenance usually varies from state to state. In some cases, the city’s administrative department may be responsible for regular repairs of the sidewalk to keep it free of dangerous conditions such as potholes or uneven surfaces. In several cases, the owner of the property adjoining the sidewalk may also be responsible for the repairs and maintenance. The party responsible for maintaining the sidewalk plays a significant role in determining who is to be blamed for a sidewalk accident.   

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Proving Negligence in Your Slip and Fall Case
Poorly maintained sidewalks can cause serious accidents and result in live altering injuries or even death. If you have been a victim of a sidewalk fall accident, you can sue the party responsible for sidewalk maintenance liable for your accident and recover compensation. In order to prove negligence in your sidewalk fall lawsuit, you are required to provide evidence for the following:

  • The city’s administrative department or any other government entity or property owner responsible for the maintenance of the sidewalk failed to fulfill their duty of safety and conduct regular sidewalk repairs and maintenance. 
  • A failure to comply with this duty created hazardous conditions on the sidewalk.
  • These dangerous conditions resulted in your fall.
  • You have suffered injuries and damages that are a direct result of your fall.

It is crucial to note that even though you know your accident is entirely the property owner or a government entity’s fault, you still need to prove such negligence through tangible evidence to secure remuneration. Besides, you may not be able to easily file a claim against a government entity unless there is proof that such an entity had received prior notice of the defective conditions on the sidewalk.

Hiring a Personal Injury Attorney for Your Slip and Fall Accident
It is recommended to contact a personal injury lawyer immediately after your sidewalk fall incident. A seasoned attorney will help review your case and inform you about your legal options. A statute of limitations usually governs personal injury cases against government entities. In such cases, you may be required to first submit a ‘Notice of Claim’ to the appropriate party after the accident occurs. However, with a knowledgeable and experienced lawyer by your side, you can remain confident that your case will be heard and improve your chances of securing compensation. 

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Written by Eric

37-year-old who enjoys ferret racing, binge-watching boxed sets and praying. He is exciting and entertaining, but can also be very boring and a bit grumpy.

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