Who Is Liable for a Sidewalk Slip and Fall?

Have you slipped and fell on a sidewalk recently? There are several reasons people injure themselves on sidewalks, whether it’s a crumbling block, an uneven area, or icy conditions. If you’ve injured yourself on a sidewalk, who is responsible for your injuries? Do you have legal grounds for a personal injury suit? Here’s the simple answer: it depends. If you still have questions after reading the following information or would like to discuss the specifics of your case, consult an experienced Atlanta slip and fall lawyer.

A Matter of Negligence

As with all personal injury cases, the success of your slip and fall claim hinges on proving the property owner was negligent. In some cases, there is no negligence – you can’t sue a property owner for damages simply because you slipped and fell. You must prove a defective condition existed and that defect directly led to your injuries.

In a legal sense, the key word here is “unreasonably unsafe.” A property is unreasonably unsafe when an owner either knew or should have known about a defect. Let’s take a look at a couple of examples:

Who Is Responsible for Your Injuries?

If negligence led to your injuries, the next step is determining who is liable. Unfortunately, there’s no clear cut answer. Liability varies not only by state but municipality and even the conditions of a homeowner’s deed. It’s often the homeowner’s responsibility to maintain a sidewalk’s upkeep, but, in certain cases, it’s the city or town’s.

If it is a municipality’s responsibility, there are a couple of things you need to know:

If a homeowner is liable for your injuries, you’ll likely pursue a claim against their homeowner’s insurance. In some cases, you may be able to pursue a claim beyond their insurance payout (if their policy covers these types of injuries at all).

What You Can Do

If you’ve been injured in a slip and fall accident, there are a couple of things you can do to help your case:

For questions about sidewalk slip and falls, contact an attorney with experience in this kind of personal injury law.