What Happens if You Trip and Fall on an Uneven Sidewalk?
You may notice them anywhere. Whether you are in a suburban neighborhood or downtown Jersey City, there’s a chance you’ll come across an uneven sidewalk. So what happens if you trip and fall as a result? Can you hold someone responsible?
In some cases, it’s that tree roots have extended beneath the concrete walkway. Consequently, the sidewalk lifts and the surface is no longer flat. You can easily guess that the uneven pavement is an accident waiting to happen.
However, there are a few other factors that can actually cause a sidewalk to warp and create an uneven walkway. For one, the weather could create a dangerous condition. Additionally, it’s entirely possible that the sidewalk becomes cracked by extraordinary weight.
In a previous article, we wrote about the dynamics of trip and fall accidents. Most likely, you’ll fall forward. You could hit your head and even suffer a traumatic brain injury. Likewise, you could break bones and feel pain overtake your entire body.
Determining Responsibility for Uneven Sidewalks
If you’ve been injured as a result of tripping and falling an uneven sidewalk, you’ll want to know the culpable party. More than likely, this will require an inspection of the area where the accident occurred. An attorney with experience in premises liability law should have the resources available to investigate the scene.
At any rate, you should move as quickly as possible to consult legal counsel. For one, the property owner may decide to make repairs as a result of your accident. The change in conditions would, therefore, be different than when you fell.
You will need photographs of the accident scene. Also, your attorney will be able to determine the identity of the property owner in the case it is necessary to file a lawsuit.
In some cases, it may be that a municipal government was in charge of sidewalk maintenance or repair. In others, the State of New Jersey may be responsible. Government bodies are known as public entities. A Notice of Claim must be filed within a short time frame. This is a legal requirement under the New Jersey Tort Claims Act.
Meanwhile, other parties could be found responsible for the conditions that created the uneven sidewalk. It could be a property owner, condominium association or shopping mall owner. Again, your attorney will evaluate the situation to determine liability.
At the Law Offices of Anthony Carbone, we have handled many trip and fall accident claims. We will investigate the circumstances of your fall and use our experience to bring you results. Contact us to schedule an appointment!