TMH Law can help you take the right next steps after you’ve slipped and fallen on someone else’s uneven pavement.
Have you, or has someone you love, slipped and fallen on uneven pavement? Was this pavement the responsibility of someone else who should have been performing proper maintenance and repair? Have you experienced an injury as a result of this fall and wonder who is liable? If this sounds like yours situation, The Law Offices Of Thomas More Holland may be able to help you consider your options. We hope that this blog will be helpful in explaining your rights in a situation like yours.
Who Is Responsible For Uneven Pavement And Other Sidewalk Repairs?
When you come across uneven pavement, cracks, potholes, or debris it may initially seem difficult to determine who is at fault. After all, it is usually wear and tear and changes in the weather which cause the most damage. However, there are typically strict rules in each city or town determining who is responsible for sidewalk maintenance. Private property owners are required to repair any problems on the sidewalks adjoining their property and must keep those walking surfaces clear of snow, ice, and other debris. Sidewalks that do not directly adjoin private property are typically the responsibility of the municipal, state, or federal authority. These, too, have the obligation to keep these sidewalks cleared and in good condition.
Are Property Owners Always Responsible For Injuries?
This question gets a little more difficult and can vary from one situation to the next. State and local laws typically give property owners a reasonable period of time to discover and repair sidewalk defects. So if uneven pavement develops due to a particular storm, the property owner may not be liable during the storm, or even immediately after it has cleared, as she would not have had reasonable time to clear it.
The question of liability is also different in cases of a municipality who may have miles of sidewalks to maintain, rather than just a few square feet. In these cases, the municipality becomes liable only if they have received notice of the conditions and still failed to act. And, in all of these cases, the full circumstances of the situation are typically taken into account as the judge makes a decision.
Do I Need An Attorney?
Because of the variable and sometimes subjective nature of slip and fall cases like these, it is helpful to have a personal injury attorney on your side. He or she can help you navigate the process, including collecting the necessary evidence, dealing with the insurance company, and representing your case.
To learn more about your rights in a slip and fall case, you can contact TMH Law today.