When is a Slip and Fall Injury Considered a City Problem?
Slip and fall injuries occur all of the time. However, sometimes they are not the fault of the injured party. When you slip and fall due to someone else’s negligence, either at cleaning up a slippery situation or repairing the walkway, you could be able to sue for damages. If your fall occurred on municipal property, such as a city-owned sidewalk or subway station, you could actually hold the city liable for your injuries and the resulting damages. Understanding when a slip and fall injury is considered a legal city problem will help you decide whether or not you should pursue legal action after your accident.
General Slip and Fall Laws
When it comes to holding a city liable for a slip and fall injury, understanding general slip and fall legislation will help.
First, you have to prove one of the following is true in order to hold a property owner liable for your fall:
- The owner caused the problem that caused you to fall.
- The owner knew of the problem but did not fix it.
- The owner should have known about the problem if he or she was doing what was reasonable to care for the property.
If you cannot prove that the city falls into one of these categories, you cannot hold it liable. However, there are typically more stringent laws that apply to the city, because municipalities need protection against frivolous claims.
Types of Municipal Property
The location of your fall is the first thing that determines whether or not the city is at fault. The accident must occur on municipal, or city-owned, property. Sidewalks are a prime example of this, but the injury can only be the city’s fault if the sidewalks are severely in need of repair. Potholes on city property are another common cause of liable slip and fall injuries. In large metropolitan locations, subways and bus stations are other locations where slip and fall injuries can occur that end up being the city’s fault. Each city has its own laws that apply to these cases, however, and there are times when you could fall and the city could not be held liable.
In New York City, for instance, the city’s laws do not allow the city to be held accountable for slip and fall injuries unless the government has been notified in writing of the problem, such as a big crack in the sidewalk. Because of this stipulation, numerous advocacy groups regularly report problems to the city, so that the city can be held liable if they do not fix the problem. However, only a lawyer with access to this information would be able to tell an injured party whether or not the city has been notified of a potential problem.
Your Actions Also Play a Part
Your actions at the time of the fall also play a part in whether or not the city can be held liable. If you are walking at a normal, safe pace and trip over a pothole and fall, this is the city’s fault. However, if you were being careless, your own carelessness would be part of the problem, and this will limit the amount of liability the city has. Types of careless actions include:
- Walking somewhere you should not be walking.
- Not using caution when confronted with a noticeable problem in the walkway.
- Ignoring warning signs posted at the spot.
- Doing something distracting while walking.
- Running, jumping, or any other forms of movement other than a normal walk that could increase the likelihood of a fall.
If you think after looking at your own actions that the city is responsible for your fall, contact a personal injury attorney with experience in this area to help you file a lawsuit for damages.
Originally published here.
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