You should probably ponder over who is to blame in the situation of the sidewalk fall lawsuit. If you slipped and fell on a broken sidewalk, several people could be held responsible.

Property Owner

It seems that in case a sidewalk defect is connected with some private property, the owner can be held responsible for not removing the potential threat.

City or Municipality

The sidewalk belongs to the local government or city and this is why proving negligence on the part of a municipality is somewhat difficult, but essential if one wants to sue for damages. A professional slip and fall lawyer can be helpful in establishing the participant legally accountable for it.

Third-Party Vendors

Maintenance companies and street cleaning companies may be held jointly negligent where they both failed in their duty to remove items that obstruct the road or in reconstructing parts of a road which are dangerous to drive on.

Legal Requirements When Establishing Negligence in Sidewalk Slip, Trip and Fall Incidents

To hold a party accountable, you must demonstrate that they failed to uphold their duty of care:

• Duty of Care: According to the law both the municipal and property owners have the responsibility of ensuring that sidewalks are safe.
• Breach of Duty: This happens when a property owner fails to act after receiving complains of damaged property or when he or she does not clear the ice early.
• Causation and Damages: You must be able to show that it was because of that breach that you suffered your injuries and demonstrate just how much it affects your life, in terms of medical bills, time off work, and so on. A slip and fall accident lawyer will help you save your legal responsibilities.

What To Do If You Have Tripped and Fallen on A Sidewalk

To protect your health and strengthen a sidewalk fall lawsuit, there are several steps to take:

Seek Immediate Medical Help

Failure to document the injuries right away can significantly harm your case and your health, thus the need to do so. However, under no circumstance should you neglect your wellbeing- this is for those who do not feel the effects of your injuries immediately upon sustaining them.

Report the Incident

In case of the location of the incidence, tender the information to city administrators, police agencies or property managers. You should always request an accident report; an official document it may be.

Gather Evidence

Record the incidence through the use of camera, acquire information of each witness, and make records.

Seek Legal Advice

Slip and fall lawyers can be of immense assistance when it comes to issues of liability – in case you are dealing with the government.

Can I Still File a Claim Having Seen the Hazard but Failed Realizing It?

In fact, if you did not notice the hazard early enough, you may still file a claim, but your case will be a bit complex. The key issue is whether a “reasonable person” in the same situation would have seen the hazard:

Contributory or Comparative Negligence: It may be to your detriment if you are a resident of a particular state because if you are partly at fault then your share will be deducted. Supposing you were using a phone and did not see a visible danger, the defense is likely to claim that you caused the crash. This, however, does not stop you from seeking an award.

Objective Standards: The burden shifting test, in addition to asking what a reasonable person would have been able to see and avoid the hazard if exercising ordinary care, is frequently used in courts. This could certainly help your cause if the danger was latent or hard to detect. Presenting, for instance, photographs showing the area of the hazard or statements from the witnesses that can attest that the danger was not conspicuous.

A professional attorney for the more specific case can guide you better!