Sidewalk Hazards: Recovering Damages in Public Liability

Used and abused by countless number of feet and harsh winter weather, sidewalks tend to crack under pressure. Cracked or broken sidewalks are a common sight in Salt Lake City, especially after an unusually severe winter. City-dwellers on the go often fall prey to these jagged walkways, and slip and fall accidents are common.

Proving liability in an injury case from a slip and fall on a public sidewalk can be time-consuming and complicated. Laws regarding liability in such cases vary from state to state; for example the laws and requirements for filing suit in Salt Lake City vary drastically from those in the Big Apple. For this reason, it is important to obtain a local slip and fall lawyer to help navigate the ins and outs of recovering damages from a public entity. 

First and foremost in any personal injury lawsuit is determining if, in fact, there was any negligence on the behalf of the accused that contributed to the alleged injury. In the case of a sidewalk slip and fall suit, a lawyer will first look at whether the walkway was in an unreasonably unsafe condition. While “unreasonably unsafe” is objective, a good personal injury lawyer will not try to make a mountain out of a molehill, so to speak. 

If the sidewalk can reasonably be considered in unsafe condition, you must be able to prove that the property owner, in this case the municipal, city or state government entity responsible for the walkway, was aware of its unsafe condition and failed to take action. Timing is vital in this aspect of negligence. For example, if there were an earthquake in Salt Lake City that damaged the sidewalk you tripped on, the city would not be considered negligent if you tripped an hour after the earthquake struck. If the same trip happened three months after the fact, then negligence is a valid argument. 

Most states and cities, including Salt Lake City, have strict deadlines and regulations for filing a lawsuit against government entities. A local slip and fall lawyer will know the specifics according to the locale, but almost all states require a “notice of claim.” This notice, in essence, is you telling the government that you plan to sue it for damages. Deadlines for filing a notice of claim varies from 30 days to a full year after injury. 

The government will either accept or deny your claim. If they deny–the norm in most states–your lawyer can then file a lawsuit seeking damages. Oftentimes, however, laws are in place that limit the amount that can be awarded. 

The moral of the story is, if you suffer an injury from a broken sidewalk – no matter if it’s in Salt Lake City or some small rural town – it is in your best interest to obtain a slip and fall lawyer to help sort through the legalities. 

Alex Kirkwood is a legal writer reporter for Fusion 360, an SEO and content marketing agency. Information provided by Robert J Debry. Follow on Twitter