Sidewalk Slip and Fall Accidents
Falls are a leading cause of accidental injuries in the U.S. Slip and fall accidents cause needless pain and suffering and daunting medical care expenses for the treatment of debilitating injuries. When slip and fall accidents occur on the sidewalk, you may be able to hold someone responsible for injuries that could have been prevented.
It is understandable to be angry and frustrated after a slip and fall accident leaves you with broken bones or painful head, neck, or back injuries; injuries that require extensive treatment, limit your daily activities, and keep you from working. Negligence must be a factor in your slip and fall accident in order to recover compensation for your injuries. You must be able to show that the property owner, business owner, or municipality where your accident occurred neglected to properly maintain the sidewalk where you fell.
Normal wear and tear does not usually constitute negligence. However, if the owner or municipality knew about a dangerous sidewalk and did nothing about it, they may be considered negligent.
Establishing the Defendant
The next step in a slip and fall personal injury case is defining the responsible party or parties. This largely depends on where you fell. Public spaces, such as retail stores, restaurants, offices, and apartment buildings have a responsibility to protect the public with well-maintained sidewalks.
Residential property owners have a lower threshold of responsibility than other types of property owners. They are required to prevent and repair unreasonably dangerous hazards, such as uneven pavement or broken concrete. Failing to remove snow and ice-covered sidewalks immediately after a storm is not usually considered negligence, although every claim has its own unique circumstances.
If your slip and fall accident happened on a sidewalk maintained by municipality, there are time restraints to consider if you decide to file a claim. Sidewalk slip and fall victims in New Jersey have 90 days from the accident date to formally notify the municipality, county, or state of your intention to file a claim. After that, you must wait six months to file a personal injury lawsuit. The defendant in your claim may attempt to settle with you during this period. Consult a qualified slip and fall accident lawyer for smart legal guidance regarding any potential settlement.
Similar to other types of injury claims, it is necessary to prove that negligence was the direct cause of your injury. You can assist your lawyer by documenting important evidence related to your accident, which may include:
- Medical records related to your treatment
- Photos of your injuries
- Photos or video of the hazardous sidewalk
- Previous complaints the homeowner or municipality received about the dangerous sidewalk
- Witness accounts of your slip and fall accident
Cherry Hill Slip and Fall Lawyers at Williams Cedar Hold Negligent Parties Accountable for Sidewalk Accidents
If the owner or municipality knew the sidewalk was unreasonably dangerous, yet failed to warn the public or repair it, they may be liable for your injuries. To discuss your accident and the legal resources available to you when filing a claim, schedule a free case evaluation with a Cherry Hill slip and fall lawyer at Williams Cedar today. Call 856-470-9777 or 215-557-0099 or contact us online to get started. Located in Haddonfield, New Jersey and Philadelphia, we represent clients throughout Pennsylvania, New Jersey, and nationwide.