Who would be liable if a person were to slip and fall on a sidewalk? Before discovering the answer to that question, one must recognize whether anyone could be held liable for a slip and fall on a sidewalk. A victim of a personal injury must remember that the only way they can have a claim and sue someone is if they were negligent. Without negligence, there is no liability. The victim of the slip and fall must show how the property owner was negligent that caused them to slip and fall on the sidewalk.
Just because a person slipped and fell on a sidewalk, it does not mean that they can hold the property owner legally liable for their damages. The property owner must have acted in a negligent manner that was the direct caused of the victim’s accident. Also, just because the sidewalk was in a condition that created the accident, it doesn’t mean that the property owner can be deemed as automatically negligent. Trip and fall accident lawyers from Percy Martinez Law Firm have knowledge on about the key requirements needed to establish liability for a slip and fall accident.
To show liability for a slip and fall accident, certain elements must be proven. Those elements include:
- Sidewalk being in an unsafe state, and
- Property owner should have known or knew of such conditions
Each state has a different set of laws that pertain to slip and fall accidents on a public sidewalk.
Laws For Public Sidewalk Accidents
As mentioned above, every state has adopted their own laws when it comes to accidents occurring on a public sidewalk. In some states, the municipality might be deemed liable for a sidewalk that is not well kept, while that fact is unclear in other states. In the states where it is unclear, it could either be the property owner, the municipality, or both parties who are responsible for the accident. Any person who is injured while walking on a sidewalk should be knowledgeable of the two limitations that an injured person has in suing the municipality. Here are the two limitations:
- Almost every state has a statute of limitations and a notice deadline(as short as 30 days) required
- Majority of states have applied a limit, also known as a “cap” that can be recovered from the municipality
If these requirements are not followed, the plaintiff might hinder their chances at succeeding in a personal injury claim against the municipality.
Slip and fall accidents can cause extensive damage and leave a victim with many expenses. The personal injury slip and fall attorneys from Percy Martinez Law Firm will make sure that their clients have a successful filing experience to give them the most chances at winning their case. The firm is available at every moment for their clients.