Icy Sidewalks – Who’s at Fault

A slip and fall on an icy sidewalk can be very expensive for victims who suffer serious injuries, medical bills, time missed from work, and more. Even a relatively minor injury from a fall can be costly and cause impairment that affects your ability to work at full capacity in the years to come. In order to recoup your losses, you must take action quickly, starting with taking pictures or the scene of your fall immediately, before the ice melts or is cleared away. Determining who is at fault can be very complicated. An experienced, local accident attorney can help.

Government Liability

If your accident occurred on government property, such as a courthouse sidewalk, the government entity it belongs to may be held responsible. If you slipped on a public sidewalk the matter gets more complicated. Every state has its own laws regarding responsibility for sidewalks, and in some states the laws vary by jurisdiction. If the sidewalk was in front of a residence or business, the property owner may be responsible. If not, the government entity responsible for the roadway can be held responsible. That may be the city, county, or state.

You may have as little as 30 days to notify the government entity or entities of your intent to sue.

Property Owners

In some jurisdictions, property owners are responsible for maintaining the public sidewalks adjacent to their property as well as any sidewalks that are part of the property itself. This can apply to both residential and commercial properties. Also, that responsibility may be transferred to an individual or business that leases the property or a third party contracted to maintain the property.

Negligence

You must prove negligence to prove fault. An icy sidewalk does not always constitute negligence. Some states have very specific laws that protect property owners when the snow is considered to be “natural accumulation”. A property owner or government entity must have known or should have known that a dangerous condition existed, in order to be negligent. If you should have known that a dangerous condition existed, and did not act accordingly, you may be found partly to blame for your slip and fall as well.

If you or someone you know has been injured in a slip and fall accident, please contact an experienced lawyer today. Time may be limited.

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