Who’s responsible for my slip and fall on a sidewalk?
Posted December 8th, 2014 by Anthony Carbone, PC.
Categories: Slip and Falls.
Looks like another bad storm is heading our way. Welcome to winter! With the possibility of icy conditions, make sure you stay safe on the roads and sidewalks. But while we’re talking about icy conditions, do you know who is responsible for a slip and fall accident on a public area such as a sidewalk?
Here’s the scenario: You’re walking down a city sidewalk when you slip on a patch of black ice and fall. Who is responsible for the accident? It all depends on the location of the accident. If you had slipped on a sidewalk in front of a private residence, then it was the responsibility of the property owner to keep the area clean. But if the accident happened in a public area or in front of a government building, say on the steps leading to the courthouse, then you have a case against the municipality.
But be aware — filing a personal injury claim against the government is not much easier than it is when you file a claim against your neighbor. There are strict rules you must follow in order to file a claim successfully. First be aware of your deadlines. Unlike a personal injury case against individuals, where you have two years to file a claim, you only have 90 days after the accident to file a claim against a government agency. Also you have to be very aware of which agency get the claim; filing a claim against the wrong government entity will have your case dismissed.
Before you can sue, you must file a formal notice of injury with the government entity responsible. The information must have:
- your name and address
- date of injury
- a summary of what happened
- a statement claiming the government was negligent
- a description of your injuries
- and a description of your medical bills and financial losses
There is a limit on how much you will receive if you win your claim. Usually it’s a very low amount, generally under $100,000. Plus you need to prove that the government is responsible for your injury. It is imperative you report the incident immediately to the personal in charge of the property. Pictures of your injury and the accident scene is essential.
Did you have a slip and fall accident? For the past 26 years, the Law Offices of Anthony Carbone has a proven track record of successfully getting the compensation you need after such an accident. Contact us for a free consultation.