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Who’s at Fault for Injuries Caused by a Broken Sidewalk?

Published on Nov 5, 2020 at 4:39 pm in Premises Liability.

Street of businesses and people on the sidewalk

Slip and falls can cause serious injuries if you fall a certain way, and they can happen anywhere. You could be walking on a sidewalk and not notice a crack before it’s too late, and trip and fall on the uneven pavement. Even though most of the time, you probably can get back up and brush it off, sometimes the injuries are more serious, and then you’re likely looking for someone to blame.

Matters like this can sometimes become complex. Having a premises liability lawyer from McMath Woods, P.A. on your side can help ensure that you take the correct legal action. We’ll be able to answer all your questions and determine who was liable for your injuries.

Who Is Liable for My Injuries?

When you tripped, fell, and were injured by a broken sidewalk, you might be wondering who was liable to keep the sidewalk safe. In most cases, the property owner is the person or entity responsible for keeping the sidewalk on their premises safe. A homeowner or business owner is supposed to keep sidewalks in front of their house or business safe for anyone who could walk on it.

Keeping their sidewalk safe includes clearing ice, snow, and fixing a crack or level change when it breaks. Roots can become unruly and crack through pavement, weather can cause level changes, and many other factors could cause a broken sidewalk. When this happens, the property owner is most likely responsible for fixing the break, and then would be liable if anyone injured themselves before they fixed it.

On public property, the government would likely be responsible for your injuries if a sidewalk on their property was broken and caused your fall. This can make your slip and fall claim more complex because going up against a government agency can be more complicated than another party. That’s where a premises liability lawyer can help you and ensure you are accurately represented.

Could You Be at Fault?

In many instances, the property owner is at fault for your fall and subsequent injuries because they were supposed to fix the broken sidewalk. However, there are some instances where you would also be at fault, like if you were distracted while walking, you might be liable for your own injuries.

For example, if you were texting while walking on the sidewalk and not paying attention to where you were going, then you could be partially responsible for your injuries. Even though the property owner should have fixed their portion of their property that was dangerous for the public, you also should have been paying attention to where you were walking. Even though you might still be able to recover damages, they might be reduced from your partial liability in the accident.

McMath Woods, P.A. Will Represent You

Even though they may seem straightforward, slip and fall cases from sidewalks can get complicated very easily depending on who was at fault and how the accident happened. With McMath Woods, P.A. on your side for your slip and fall claim in Little Rock, you can rest assured that the whole situation will be looked into and proper fault will be determined.

Our premises liability lawyer looks at every aspect of the law so that you have the strongest case possible. This helps improve your chances of recovering damages for your injuries. Reach out to our office today so we can get started on your claim.

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