Who Is Liable for an Accident Caused By an Unsafe Sidewalk?

Whether walking to a nearby store or ensuring your dog gets his daily walk, the last thing you expect when outside is to sustain an injury due to an unsafe sidewalk. Unfortunately, these accidents are not uncommon but many are unaware of how to proceed in the aftermath of a slip/trip and fall caused by an unsafe sidewalk. If you have been injured due to the negligence of a property owner, this blog explores what you must know about these accidents and how our Irvine sidewalk accident lawyers can examine your case to determine the best course of action.

What Makes a Sidewalk Unsafe?

It is no secret that cities and towns have become less walkable, meaning it is impractical or unsafe for pedestrians to travel by foot rather than use their vehicles. However, it is important to understand that sidewalks can also be unsafe, leaving many who prefer walking to suffer the impacts.

Unfortunately, several factors can make a sidewalk unsafe for pedestrians. These include, but are not limited to, the following:

• Uneven pavement
• Cracks, divots, or missing pieces of concrete
• Tree roots
• Power tools or cords left on the sidewalk
• Debris, including trash and tree limbs

What Injuries Can I Sustain?

Unfortunately, a slip/trip and fall on a sidewalk due to unsafe conditions can lead to serious injuries. Not only do you risk breaking a bone due to the impact of the fall on a hard surface, but you also run the risk of sustaining a serious traumatic brain injury (TBI). When you fall and hit your head, it can cause your brain to move in your skull, colliding with the hard surface and causing injury. Many assume that a concussion is the only form of TBI, which is far from the truth. In reality, you will find that you can also sustain a contusion, diffuse axonal injury, or intracranial hematoma.

However, fractured bones and TBIs are not the only injuries those injured due to unsafe sidewalks can sustain. In addition, you may discover that a victim of this accident can sustain soft tissue injuries, lacerations, neck and spinal cord damage, back injuries, and even dental damage.

How Is Liability Determined?

Determining liability in a sidewalk accident case is not as easy as you may assume. As the plaintiff in the case, the burden of proof falls on you. As such, you are responsible for showing that the other party was negligent.

Typically, in situations where you are walking on a sidewalk down the street, you will find that the property owner is liable. This includes residential and commercial properties, as it is the owner’s responsibility to ensure their sidewalks are up to standard and free of hazards.
Generally, you must show that the property owner knew of the dangerous condition of their property and failed to take steps to warn pedestrians or remedy the situation. As such, they may face liability if you can prove negligence.

When you are hurt, the most important thing you can do is connect with an experienced personal injury attorney who can help you fight for the compensation you deserve. At California Personal Injury Law Firm, APC, we understand how difficult these matters can be, which is why our team is dedicated to fighting for you. If you have suffered injuries, contact our firm today to learn how we may be able to assist you.