When it comes to injury claims, one common reason for accidents is getting injured on sidewalks that are broken or worn out. Damaged sidewalks can be quite dangerous for pedestrians, often resulting in slips, trips, and falls, leading to several types of injuries. In this blog, we will delve into claims related to injuries caused by sidewalk surfaces. We’ll discuss who may be held liable for these incidents, the concept of negligence, and the necessary steps victims should take to protect their rights.

Determining Responsibility for Injuries on Broken Sidewalks

Figuring out who is responsible for injuries sustained on sidewalks can be a critical matter in personal injury claims. Generally speaking, property owners or local municipalities are typically responsible for maintaining and repairing sidewalks. However, the specific party accountable for sidewalk maintenance can vary depending on laws and regulations.

In some cases, it may be the property owner next to the sidewalk who holds responsibility for its upkeep. In other scenarios, it could be the municipality that bears the duty of care. To determine which party might be held liable for their injuries, victims should consult with an injury attorney about local laws. If you’re looking for dependable legal assistance in Lancaster, you can go here.

Establishing Negligence

To pursue an injury claim regarding injuries suffered on broken sidewalk surfaces, victims need to establish negligence on the part of those deemed responsible. Negligence is a term that refers to someone’s failure to exercise care, which can result in harm to another individual.

To prove negligence, typically, the following aspects need to be established:

  1. Duty of care: The responsible party had a duty to keep the sidewalk safe and well-maintained.
  2. Breach of duty: The responsible party failed in their duty by not addressing the issues with the deteriorating sidewalk surface.
  3. Causation: The breach of duty directly caused harm or injuries to the victim.
  4. Damages: The victim suffered damages such as medical expenses, pain and suffering, or lost wages as a result of their injuries.

Steps to Follow for Personal Injury Claims

  1. Seek attention: After getting injured due to a damaged sidewalk, it’s crucial to prioritize seeking help. Even if your injuries may seem minor initially, it’s important for a healthcare professional to evaluate and document them properly.
  2. Document the incident: If possible, take photos or videos of the sidewalk and any other contributing factors that caused the accident. It can also be helpful for your personal injury claim if you identify and gather information from any witnesses at the scene.
  3. Make sure to report the incident: If you’ve been involved in an accident on a sidewalk, it’s important to report it to the responsible party, whether that’s the owner of the property or the local municipality. Provide them with information about what happened, any injuries you sustained, and the condition of the sidewalk.
  4. Seek advice from a lawyer: It’s highly advisable for victims to consult with an injury attorney who specializes in cases related to sidewalk injuries. An experienced attorney can offer guidance, assess the strength of your claim, and navigate the legal process on your behalf.
  5. Preserve any evidence: It’s crucial that you keep safe any evidence related to your accident, such as records, bills, receipts, and any correspondence regarding your case. These documents can play a role in supporting your personal injury claim.
  6. Consider settlement negotiations or legal action: With assistance from your attorney, you may engage in settlement negotiations with the responsible party or their insurance company. If reaching a settlement proves difficult, your attorney might advise filing a lawsuit to seek compensation for your injuries.

Conclusion

Accidents caused by sidewalks can result in injuries and significant expenses. Victims have every right to pursue personal injury claims in order to seek compensation for their damages.

When dealing with an injury caused by a damaged sidewalk, it’s important to grasp the concept of who’s responsible, gather evidence of negligence, and take action to safeguard your rights. Consulting with a personal injury lawyer will help you navigate the legal proceedings and improve your chances of a favorable outcome.

This article was provided by Amy Carr.