Can You Sue The City for Falling on the Sidewalk?

While you are strolling the city streets, the last thing you expect is a dangerous fall due to an uneven or damaged sidewalk. Yet, it happens more often than many may realize and end up suffering a variety of injuries. Which ultimately leads to the pressing question: Can you sue the city for falling on the sidewalk? The answer may seem straightforward, but it is actually heavily dependent on several factors, including local laws and the specifics of the incident. In this article we will explore who is liable and how you can prove a sidewalk slip and fall could be the city’s fault. 

Who is Liable for a Sidewalk Slip and Fall?

Generally speaking, liability for a sidewalk slip and fall is entirely dependent on the location of the accident, however many don’t realize that the liability can be shifted onto an independent property owner. According to California Streets & Highway Code 5610, property owners who have property that is adjacent to a public street or area would be responsible for any slip and fall incidents, because it is technically within their jurisdiction. The only exception to that rule is unless the sidewalk was damaged by another party or that the sidewalk is under the ownership of a separate party such as the city.   

How to Prove a Sidewalk Slip and Fall Claim

Proving a sidewalk slip and fall claim hinges on demonstrating negligence through the principles of premise liability. This involves establishing a duty of care, where the defendant had a responsibility to maintain the sidewalk in a safe condition, and then eventually breaching that duty by failing to uphold their responsibility of making sure the sidewalk is safe to walk on. One of the best ways to prove an accident such as this is to ensure that the incident and the result of your injuries was derived from the negligence and recklessness of the property owner. By successfully proving these elements, you would be eligible to file for a premise liability claim with a personal injury attorney.

Factors That May Affect Your Slip and Fall Lawsuit

Due to the nature of slip and fall lawsuits, there are several factors that can influence the outcome of a claim and can either hold you liable or drastically affect the validity of your claim. For instance, any minor defects on a sidewalk that is deemed too trivial does not warrant any liability for any injuries. 

In addition, the type of footwear that the victim was wearing at the time may be the cause of the accident in question and any distractions leading up to the accident in question can also have a huge effect on your claim. It is important to understand these factors, because it may have an impact on the viability of your claim and making sure you were not at fault.

How Long Do I Have to Report a Fall on the Sidewalk?

According to California Civil Code 335.1, all personal injury claims must be filed within two years of the date of the incident in order for the victim to receive compensation for any damages. If any claims are made after the two year mark, then it will be immediately dismissed in the California court system and the victim would automatically lose any chance to recover compensation for their damages and must pay for it themselves. 

However in cases where the liability falls onto a government institution then according to California Government 911.2, you must first file a claim with the appropriate city department within 6 months from the date of the incident. After filing this claim, if it’s denied or there’s no satisfactory response, you then have a specific period, usually up to 6 months from the date of the claim’s rejection, to file a lawsuit in court. 

Navigating Your Rights After a Sidewalk Fall With WCTL

Falling on a city sidewalk can be a distressing experience, especially if you have suffered significant injuries. As filing a claim for this kind of accident is a lengthy process, it is important to understand who is liable, how to prove your claim, and the factors that may affect your lawsuit is vital, especially if you’re suing the city. In addition, knowing what the legal timeframe is to preserve your right to seek justice and compensation is crucial or else you will automatically waive your right to do so.

If you’ve suffered from a sidewalk slip and fall, don’t navigate this challenging journey alone. Consulting with an experienced sidewalk fall attorney can provide the guidance and representation you need to protect your rights and achieve a favorable outcome. Need legal assistance with a sidewalk fall? Our team is here to help. Contact us today at (213) 927-3700 or use the online contact form to speak to our dedicated legal staff to explore your options and take the first step towards recovery.