Sidewalk Accident Attorneys

Determining Liability and Evidence Collection Following a Sidewalk Accident

As mentioned above, liability is determined by whether the property of your sidewalk accident was public or private. Generally, if another’s negligence caused you to fall on a sidewalk adjacent from a private property owner’s property, that owner is responsible. If another’s negligence caused you to fall on a municipality-owned property, the responsibility is on the municipality. 

In terms of general legal evaluation, municipalities or property owners are provided a window of time for cleaning their property after inclement weather conditions in most states. If an individual was walking and becomes injured during this allocated time window, the injured party may not have a case because it was a risk to walk. If an injury occurs after the municipality’s time window expires, the party responsible for caring for the sidewalk could be held liable.

No matter the negligent party, accountability is determined by the following factors. You must prove that the property owner knew or should have reasonably known about the unsafe sidewalk conditions, the owner failed to take action to fix the hazard, and you sustained damages as a result of the negligence. Evidence is the most effective way to prove the above factors. Some examples of evidence of your sidewalk accident are listed below.

Since evidence is critical, there are some essential steps to complete following a slip and fall accident. By completing this checklist following your accident, you maximize the chances of winning your claim. They are as follows:

• Call the police and emergency services following your accident, so immediate medical attention is available and documentation of the incident is complete.
• Collect the contact information of any witnesses to your accident.
• Take pictures of the safety hazard that caused your accident before the negligent property owner has a chance to discard evidence.
• Seek medical treatment for injuries and ask your doctor for medical documents pertaining to the origin and extent of your injuries.
• Consult with a sidewalk accident lawyer to determine the validity of your case.
• After filing your lawsuit, avoid social media to ensure your claim is preserved.

Considering a sidewalk accident attorney for your case is important because a lawyer can efficiently gather and present all additional evidence needed to satisfy the burden of proof. In some cases, evidence may be difficult for you to collect, such as security camera video or expert witnesses, which a sidewalk accident lawyer can facilitate. To learn more about the considerations for involving a lawyer in your sidewalk accident claim, click on the link below.

Slip and Fall Attorney Involvement