Can You Sue for an Injury if You Fall on the Sidewalk?

Are You Able To Sue For Injury If You Fall On The Sidewalk?

cracked sidewalk in miami

If you fall and injure yourself on the sidewalk, you might wonder if you can sue for the injury. Your ability to sue will depend on liability and what you are able to prove. Simply falling on the sidewalk is not enough to constitute a lawsuit.

Suing The Property Owner

If you are fallen and injured yourself on a sidewalk that needs to be looked after by the property owner, you need to prove that the property owner was negligent. The sidewalk being in a condition that allows you to fall does not automatically make the property owner negligent. To sue the property owner, you will need to prove that the sidewalk was in an unreasonably unsafe condition when you fell. You will also have to prove that the property owner was aware of this factor should have been aware of the condition of the sidewalk.

Falls On Public Sidewalks

If you have fallen and injured yourself on a public sidewalk, your ability to sue will depend on the state laws. This is due to the fact that liability is determined by these laws and the deed of the homeowner. In some states, municipalities will be liable for the upkeep of public sidewalks while in other states liability may be less clear-cut. In these states, the municipality might be liable or the property owner might be liable.

If you are injured on a public sidewalk, you need to be aware of 2 limitations on your right to sue the municipality. The first is that some states will place a limit on the amount that you are able to recover from your injuries. The second is that there could be a strict notice and time deadline for the claim. Contact one of our attorneys today to schedule a free consultation and to discuss your case.