4 minute read

The National Institutes of Health (NIH) estimates that more than 500,000 people hurt themselves every year when they fall on the sidewalk. In particular, 1 in 4 victims has broken bones, concussions, or worse. 

Who is responsible for an uneven sidewalk if you find yourself stumbling and falling on an uneven pavement? If you are wondering if you can take legal action, the answer is never clear-cut, as it depends on many factors such as negligence and liability. 

The understanding of the finer details surrounding the liability of the premises is therefore quite essential. What sort of evidence do you require to build your case? And who is supposed to be held responsible? Let’s examine the details that could stand in your way.

Understanding Premises Liability

When you walk along some public sidewalk and suddenly get into an accident caused by an uneven surface, raising questions about premises liability? This law states that property owners are responsible for making their premises safe. 

If you happen to be injured by negligence, such as maintenance of the sidewalk not being performed, then you may really have an action. However, one of the most important things to remember is that not all injuries automatically lead to liability. 

One must know if the property owners either knew or ought to have known about the problem and whether such knowledge gives rise to a reasonable standard of care in their maintenance. 

San Diego premises liability lawyer Frank S. Clowney III emphasizes that it’s important to know your rights no matter where you sustained injuries, whether it was in someone’s home or on business property. You can turn to a lawyer to help you figure out what to do after getting hurt badly.

Establishing Negligence in Sidewalk Injury Cases

Negligence in sidewalk injuries depends on proving that a property owner did not fulfill its duty to maintain safe conditions. 

In this, one must argue that the uneven sidewalk posed a foreseeable risk that led to an injury. Collect evidence, such as documenting pictures of the condition and witness statements, to support your claim. It must also be shown that the property owner knew or should have known about the condition yet failed to take action so as to contribute to the present unsafe condition by its inaction. 

A strong case based upon these points not only gives the person injured a voice but also assists with making the community safer for all.

Responsibilities of Property Owners and Municipalities

Property owners and municipalities have serious responsibilities in ensuring the presence of a sidewalk ready for pedestrian use. They should inspect for hazards on the sidewalks and address issues like cracked pavements or uneven surfaces. 

Property owners need to make sure that sidewalks are safely maintained or repaired, and this should permit you and your society to walk along particular sidewalks with no fear of injury. 

A municipality must also enforce the law and support the maintenance of its sidewalks to foster a sense of safety and security. With these responsibilities coming into being, property owners and municipalities tie together the sense of community, affirming that they care for you and everyone who walks those paths.

Evidence Collection for Your Injury Claim

Gathering evidence is solid proof after an injury from an uneven sidewalk.

  • Take clear videos and pictures of the sidewalk, showing the unevenness that contributed to your fall. 
  • Record the date, time, and location of your incident to strengthen your case. 
  • If there are witnesses, get their contact information and statements on what they saw. Correspond these to your medical visits, with diagnoses and treatments for your injury.

Not just these help with your claim, but they really show that this matter has affected your life. The more evidence you can collate, the better your chances are to win the justice due. 

Potential Compensation for Sidewalk Injury Victims

Depending on your injuries due to an uneven sidewalk, you may be entitled to several types of damages. 

They include payment for medical bills due to treatment, hospital visits, rehabilitation, or therapy. Lost wages can also be claimed if your injury prevents you from performing work. Pain and suffering damages are also crucial as they cover the emotional and physical agony you have suffered. 

Damages for loss of enjoyment may likewise be sought if the injury has interfered with your social life and relationships. At every stage, evidence must be obtained and a lawyer must be consulted to guide the process. You deserve support along the way toward recovery and to ensure that the guilty are indeed held responsible.