Who is at fault after a slip and fall accident on a sidewalk?
Posted October 6th, 2014 by Anthony Carbone, PC.
Categories: Personal Injury, Slip and Falls.
The weather is starting to turn colder and this means slip and fall season is almost upon us. That’s right, wet weather equals slippery surfaces. But the hardest part of a slip and fall case is always how to prove who is at fault, especially if your accident is on public property. But let’s say you’re taking a walk around your neighborhood. The sidewalk has seen better days and the concrete is cracked in many places. Not paying attention, your foot happens to catch on one of these cracks, causing you to fall and break your ankle. Who is at fault for this accident? And who is responsible for the medical bills?
Unlike slipping in a store parking lot or in a neighbor’s yard, finding out who is responsible for an accident on a sidewalk can be a bit tricky. If the sidewalk is hazardous because of weather conditions, such as snow and ice, it could be the responsibility of the property owner adjacent to the sidewalk to keep it clear. However, if the sidewalk is in need of repair, like in the above situation, this could be the fault of the municipality for not keeping the area safe.
If the municipality is at fault for your accident, filing a personal injury claim is a bit different than a regular civil suit. Within 90 days of the accident, you must file a Notice of Claim with the State of New Jersey. If you fail to file this claim, then you will forfeit your right to sue the municipality.
It is also helpful that you take photos of where you had the accident, to show how the area was neglected.
Proving fault in slip and fall accidents can be extremely hard to do without an experienced lawyer at your side. That’s why you should contact the Law Offices of Anthony Carbone. For the past 26 years, we have been fighting the rights of slip and fall victims and know how to win your case. Contact us today for a free consultation.