Icy Sidewalks: Is It Possible To Recover Compensation After Slipping And Falling?

With winter rapidly approaching, icy sidewalks are going to be a major concern for pedestrians. Although some people will try to stay inside until the ice thaws, not everyone is able to do this. If you have to get out of your home and you end up slipping and falling on an icy sidewalk, which causes you to suffer an injury, is it possible to file a lawsuit and recover financial remuneration for your injuries? Under most circumstances, the answer is yes, but there may be certain procedural steps that need to be followed. Read on to learn more about suing both government organizations and private property owners regarding icy sidewalk slip-and-falls.

What You Need to Know About Filing a Lawsuit Against Government Entities

Most sidewalks in your city or town are owned by the local government. With that being said, these government entities should take the proper steps to maintain these sidewalks in the most reasonable and appropriate manner. When the government fails to do this and someone is injured, a lawsuit can be filed against them. Some instances of negligence include failing to plow the sidewalks or salt the pathways.

Now, while a lawsuit is possible, you must first take additional steps. For example, FindLaw states that you will need to file a notice of claim against the government agency. In a number of cases, this notice of claim provides the government entity a certain amount of time to respond to your injury claim related to your icy sidewalk incident and simply informs them of your injury. If the government organizations fails to respond within the allotted time, or it fails to take responsibility for your injuries, then you may then proceed with a formal lawsuit. In most cases, your claim will be denied, but it will depend on your particular situation.

What You Need to Know About Suing the Owner of Private Property

If you slip and fall on an icy sidewalk that is on residential or commercial property, then you may be able to file a lawsuit against the owner of said property. Both commercial and residential property owners have a duty to ensure that their sidewalks are safe to invitees who may be coming onto their property. However, keep in mind that if it can be proven by the property owner that you were trespassing at the time of the incident, you will likely be unable to recover any monetary damages regarding your fall.

The exact circumstances will differ from one state to the next, and possibly even from city to city. This is why it is crucial that you speak with a local personal injury lawyer as soon as possible following your injury to discuss what legal options and remedies may be available to you. A lawyer can help ensure that you follow the proper procedures when filing a personal injury lawsuit.