Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

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Slip and fall accidents from damaged, uneven, or icy sidewalks can cause serious injuries. Here’s what you need to know to get fair compensation.

Most of us never give a second thought to sidewalks. They’re everywhere. The City of New York has over 12,000 miles of sidewalks used by pedestrians every day.¹

More than 800,000 people end up in the hospital every year from serious fall injuries, most often suffering from head trauma or a broken hip.²

When damaged, uneven or slippery sidewalks cause severe injuries, it’s understandable to want compensation. Here’s what you need to know about determining the responsible party, and how to build a strong personal injury claim.

Grounds to Sue for a Sidewalk Accident

When a property owner or municipality knows or should know about a sidewalk problem and fails to fix it, they’re negligent. If their negligence results in injuries, then the property owner or municipality is liable for the resulting damages.

To prove liability for sidewalk injuries, you must show:

1. The property owner was aware or should have been aware of the dangerous condition.
2. The property owner did not take reasonable steps to correct the dangerous condition.
3. The property owner’s negligence was the direct cause of your injuries.
4. Your injuries are real and verifiable.

A property owner isn’t liable every time a pedestrian gets hurt on their sidewalk. Owners are legally entitled to a reasonable amount of time to discover a dangerous sidewalk condition and do something about it.

For example, let’s say a heavy snowstorm came in overnight. A pedestrian was walking down Main Street at midnight, while it was still snowing, and slipped and fell in front of a closed candy store. In this case, the candy store owner probably would not be liable. There just wasn’t a reasonable amount of time for the store owner to remove the snow from the walk.

Most cities allow businesses and homeowners from 4 to 24 hours to clear public walks. Many laws only require snow removal during daylight hours.

Shared Blame Can Hurt your Injury Claim

When the injured person is partially to blame for their trip and fall on a sidewalk, it can cost them part or all of their potential compensation.

In recent years there has been a dramatic increase in the number of distracted and drunk pedestrians. Insurance companies will be quick to point out that you might not have tripped over that crack in the sidewalk if you hadn’t been so busy texting or intoxicated while walking.

Most states have comparative or contributory negligence rules, giving you the right to pursue an injury claim even if you’re partially to blame for your injuries. In this scenario, your compensation will be reduced in proportion to your share of the blame.

In modified comparative fault states, you may not be eligible to recover any compensation if you are equally to blame or more to blame for causing your injuries. If you don’t agree with the adjuster’s opinion of blame for your sidewalk slip and fall case, seek immediate legal advice from a personal injury lawyer.

Residential and Business Sidewalks

In general, home and business owners must repair cracks, uneven pavement, and buckling in the sidewalk adjoining their property. It’s the property owner’s responsibility to keep the sidewalks around their property safe for pedestrians. Their responsibility includes timely removal or treatment of snow and ice.

The same sidewalk safety requirements apply to condominium and apartment complex owners.

Cities and towns across the United States have different rules and regulations about sidewalk maintenance. Most municipalities hold home and business owners responsible for maintaining the sidewalks fronting or adjoining their property.

Private property owners sometimes receive notices from the city based on the city’s sidewalk regulations. The notice is an order to repair what the city determines is a defect or dangerous condition.

The property owner’s failure to repair the problem can result in a fine. In some cases, the city will repair the sidewalk damage and charge the property owner for the cost of repairs.

If you fell over a bicycle that your neighbor’s child left on the sidewalk in front of his parent’s home, the parents may be responsible. A store owner may be responsible if you suffer a sidewalk injury by slipping and falling on accumulated ice or snow in front of the store.

Government Controlled Sidewalks

Sidewalks not adjoining private property are normally the responsibility of the federal, state, or municipal authority in control of the sidewalk. Just like private walkways, public sidewalks must be kept safe and free of dangerous conditions that may cause injuries to pedestrians.

Government authorities are often responsible for hundreds, even millions of square feet of sidewalks. It’s unreasonable to expect a municipality to patrol every square foot of sidewalk to look for defects.

Federal, state, and local governments have special rules in place to protect them from lawsuits. That said, it is still possible to pursue an injury claim against the government.

Just like claims against a business or homeowner, you’ll have to prove the government is responsible for injuries that occur on public property.

Adequate Notice of the Sidewalk Defect

Unless your municipality has notice of the defect or dangerous condition, they have no liability for injuries. In other words, the municipality must have known about, or should have known about the sidewalk defect before anyone was injured.

There are two types of notice:

1. Actual notice is a citizen’s written complaint. Of course, even with notice, if the defect or dangerous condition is minor, the municipality might not be held liable.
2. Constructive notice refers to conditions that are so obviously dangerous the municipality should have addressed them. Obvious dangers might include a large, easy-to-see pothole, or an uneven piece of sidewalk that is separated more than several inches.

If you tripped and fell on a piece of sidewalk that had a small crack in it, the city is probably not liable. The defect in the sidewalk was minor enough to escape the city’s notice.

Some municipalities have regulations about how big a crack or hole must be before the city becomes liable, whether they had notice or not.

Sovereign Immunity and Tort Claims Acts

Governments in the United States have special protections against lawsuits. Sovereign Immunity is a legal rule that prevents the government or its subdivisions, departments, and agencies from being sued without its consent.

Originally, sovereign immunity only protected the federal government. Today, most state and city governments assert the same kind of protection from claims and lawsuits.

Most federal, state, and local governments will waive (give up) sovereign immunity in private injury claims such as sidewalk injuries.

Sidewalk injury claims against federal entities, like the post office, are made under the rules of the Federal Tort Claims Act. Many states and cities have their own versions of the Tort Claims Act to process injury claims by private citizens.

Filing an injury claim under the Tort Claims Act is different from filing a claim against a homeowner or business.

Claims against a government entity have special paperwork that must be filled out exactly right and submitted under tight deadlines. The state statute of limitations doesn’t apply to claims against the government. Your notice of claim may need to be filed in as little as 30 to 90 days. If you make a mistake, your claim will be rejected.

Don’t risk losing your right to compensation. Contact a local personal injury attorney to discuss a claim against the government.

Collecting Evidence For a Strong Claim

You have no case without proof of fault and verifiable damages. You’ll need to gather evidence to prove the property owner’s liability and the extent of your injuries.

Slip and fall evidence includes:

• Photographs: Photograph the defect or dangerous condition on the sidewalk. Use a ruler, or something for comparison like a pen or soda can, to show the size of the crack or height of the uneven portion of the sidewalk. Take enough pictures and video to make clear the sidewalk’s location and the extent of the problem.
• Witness statements: Ask anyone who was there when you fell for their contact information. Try to get witness statements from other property owners or residents who knew about the sidewalk’s dangerous condition. If anyone previously sent notices about the sidewalk problem, ask for copies.
• Medical bills and records: Request copies of your medical records and bills from each provider. Save receipts for related out-of-pocket expenses like medicines or crutches.
• Statement of lost wages: Ask your employer for verification of lost income, including vacation and sick days used because of the accident.
• Documentation of your pain and suffering: An injury diary, witness statements, and doctor’s notes are some of the ways to validate the pain and suffering part of your compensation demand.

Getting Fair Injury Compensation

Private property owners normally carry business liability insurance or homeowner’s insurance.

If you’ve recovered from minor injuries and just want to get your economic damages paid, you may decide to handle your own injury claim.

You can quickly calculate a minor claim’s value by adding up your medical bills, out-of-pocket expenses, and lost wages. Then add one or two times that amount to account for pain and suffering.

Send your demand letter with copies of your bills, receipts, and other evidence. You will then negotiate back and forth with the insurance adjuster to arrive at an agreed settlement amount.

Get Help With Serious Personal Injury Cases

If you suffered serious injuries or have a complicated case, you need an experienced personal injury attorney to get the compensation you deserve.

Severe injuries, like certain fractures, traumatic brain injuries, and spinal cord injuries, are high-dollar premises liability claims. Insurance companies are known to offer much lower settlements to injured parties who are not represented by an attorney.

Most law firms offer a free consultation to injury victims. If you hire a slip and fall lawyer, they will likely work on a contingency fee basis, meaning they don’t get paid unless they settle your claim or win your personal injury lawsuit at trial.

If you or a loved one have been badly injured from falling on a slippery or damaged sidewalk, you deserve fair compensation. It costs nothing to find out what a skilled personal injury attorney can do for you.