Who Is Liable For Injuries Caused By Uneven Sidewalks?
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Falling down can lead to steep medical bills, disability and even death. Nearly 634,000 Floridians went to the emergency room in 2023 because of falls. Even worse, 3,848 older adults lost their lives from fall-related injuries in 2021.
If you tripped and got hurt because of an uneven sidewalk that a property owner or municipality neglected to maintain, you might be entitled to compensation. This can help cover medical expenses, lost income and the emotional toll of your injuries. Here’s what you need to know about who might be liable for your fall and how our team at Kogan & DiSalvo can help you get the justice you deserve.
Who Is Liable for Accidents and Injuries on Uneven Sidewalks?
Responsibility for an uneven sidewalk can fall on different parties, depending on the circumstances. Either a public or private entity could be at fault.
The parties that are most commonly liable are:
- The property owner: Usually, whoever owns the building adjacent to a sidewalk is responsible for keeping it in good condition, whether it’s a homeowner or a business owner.
- Homeowners associations (HOAs): If you live in a community managed by an HOA, the HOA may also share liability for the sidewalk’s condition.
- Tenants or occupants: If the property is leased, the tenant may be responsible for maintaining the sidewalk and ensuring it’s safe. In most cases, that tenant or organization assumes liability for accidents and must have insurance to cover such events.
- State and local government agencies: The city or state is generally in charge of maintaining and repairing public sidewalks, as well as cordoning off dangerous areas under construction. If those agencies fail to do so, they could be held liable.
In some cases, more than one party could share responsibility. If that’s the case, you may need to file claims against multiple parties to get the full compensation you deserve.
What Causes Uneven Sidewalks?
Sidewalks can be made from concrete, asphalt, stone, brick or even rubber and wood. No matter how durable or well-built, all of these materials degrade over time, leading to cracks, crumbling and uneven surfaces. Tree roots in the area can push up under a walkway and cause structural damage.
A work accident, weather event or poor construction can create potholes or missing placement slabs. Subpar construction can result in curbs being too high or not properly aligned at crosswalks and other places where walkways meet, creating a tripping hazard.
A sidewalk can also become temporarily uneven when items are left on or near it, creating obstacles that can cause people to trip and get hurt. Fallen limbs or leaves, eroding mud, growing moss or spilled sand can make the sidewalk slippery and unsafe. The same is true when workers leave tools, cords, equipment and trash behind.
Identifying the causes of uneven sidewalks helps determine who may be responsible for the hazard and liable for any injuries that occur.
How Do You Prove Someone Is Liable for an Uneven Sidewalk?
In Florida, the burden of proof falls on you as the plaintiff, meaning you have to show that someone else’s negligence caused your injury.
Understand the Principle of Negligence
To have a successful claim, you need to show that your injury was caused by negligence. To prove negligence, you must establish:
- A dangerous condition existed and made the sidewalk uneven.
- The responsible party knew of the sidewalk’s hazardous condition or should have known about the hazard.
- Sufficient time had passed for the responsible party to correct the condition or at least place warnings about the hazard.
- You were unlikely to discover the dangerous condition on your own.
The principle of reasonableness determines whether the responsible party was actually negligent. For instance, if a tree limb fell overnight in front of a store and you tripped before anyone had the chance to clear it, the store owner may not be liable. That’s because it wouldn’t be reasonable to expect the owner to clean up the tree before they knew about it. But if that hazard had been there for days or weeks, the owner’s failure to address it could be considered negligence.
Provide Proof
To prove negligence, you need solid evidence. Photos and videos of the scene and your injuries are important. Getting these soon after the accident strengthens your case, especially because the responsible party may quickly fix or hide the hazard.
Other types of documentation can also help. Keep medical records, bills and diagnoses of your injuries. Find out if surveillance footage, online posts or complaints to the at-fault party show that someone knew or should have known about the uneven sidewalk.
Try to get the contact information of any witnesses who saw your accident so they can provide a statement later. Expert witnesses who can explain the cause of your injuries or reconstruct the accident can also help prove your case.
Collecting, organizing and effectively presenting this evidence is challenging — even more so when you’re healing from a fall. Our firm has the resources to get the necessary evidence quickly, so don’t delay in reaching out to see how we can help.
What Kind of Compensation Can You Get for an Injury Claim?
If you prove that another party’s negligence led to your injuries on an uneven sidewalk, you may be able to recover damages for:
- Current and future medical treatment, medicine, equipment and modifications for your fall injuries
- Lost wages, employment or earning capacity
- Pain and suffering
- Psychological or emotional trauma from the incident
If the injuries become fatal, the family can file for these damages on behalf of the deceased and request other compensation related to a wrongful death claim, such as funeral and burial expenses.
However, if your claim is against a government agency, the state caps damages at $200,000 per person and $300,000 per incident. If your damages exceed that amount, you might be able to file a claims bill with the state legislature to seek a higher payment.
How Much Time Do You Have To File a Claim for Sidewalk Injury?
You must file personal injury cases against a private party within two years. If your case is against a government entity in Florida, you have three years to submit a claim in writing.
Were You Injured by an Uneven Sidewalk? Contact Our Slip-and-Fall Lawyers Today
Falls caused by uneven sidewalks can have long-lasting impacts and turn your life upside down. If you’ve been hurt, don’t hesitate to explore your options for compensation.
Contact our team at Kogan & DiSalvo today for a free case review. We’ll walk you through your options and help you take the next steps toward getting the justice you deserve.
Photo by Scott Webb