Slip And Fall Cases On Sidewalks

One of the most common personal injury cases is slip and fall accidents on sidewalks. If you are a victim of such an incident, you should seek medical attention immediately and hire a slip and fall lawyer to file a lawsuit against the liable party. Also, make sure you secure the contacts of any witnesses to the accident. The following are some main elements of sidewalk slip and fall cases.

Who Is Negligent in a Slip and Fall on a Sidewalk?

You should prove a property owner's negligence to succeed in a slip and fall lawsuit. It is not enough to slip and fall on public property. In the case of a sidewalk, even though the sidewalk was in a hazardous condition, this doesn't mean the municipality or property owner was to blame.

Your slip and fall lawyer needs to show that the sidewalk was in an unreasonably hazardous condition. Also, your lawyer should prove that the property owner was aware or should have been aware of the sidewalk condition.

What Defenses to Expect in Sidewalk Injury Cases?

When determining liability for sidewalk injuries, it is good to know what defenses the opposition will mount. This helps your lawyer mount a strong case against the defendant. For example, the concept of governmental immunity protects municipal bodies from blame. However, there are exceptions to this doctrine, which vary depending on where you are. 

For example, in some jurisdictions, you should file a notice of claim to protect your right to be compensated for your injuries. Your slip and fall injury lawyer will advise you based on the requirements and claim procedure in your locality.

The opposition may also raise the defense of "open and obvious doctrine." This means you are partially liable for your injuries if the sidewalk accident was open, obvious, and could easily be avoided.

How Do You Pursue a Claim Against Sidewalk Injuries?

After your lawyer gathers enough evidence, they will initiate a claim. They will send the necessary documents to all parties and start the litigation process. You will need an expert witness to demonstrate different elements of your accident and justify your claims.

Your lawyer will stand against a city government representative if the sidewalk is public property. For accidents on private property, the defendant will be either a business owner or landlord. Your slip and fall injury lawyer will have to prove that the area was unreasonably safe and that the defendant was negligent to succeed in your demand for damages.

For more information, contact personal injury lawyers near you.