Now that the winter has completely passed and the summer months will be upon us shortly, it’s not unusual for sidewalks to be left with cracks from snow and ice that caused expansion. Sometimes sidewalks aren’t properly maintained or repaired by those in charge. If you slip and fall on a sidewalk and injure yourself, you may be wondering who should be responsible for your injuries. What if it’s a public sidewalk?
If you suffer a slip and fall injury on a city sidewalk, you may be able to sue the city for your injuries. It depends upon the facts and circumstances of your specific case.
The City of Houston
If you fall and injure yourself on a Houston sidewalk, you may be able to recover damages for your injuries from the city of Houston if you can prove that negligence was the cause of the uneven sidewalk and that negligence caused your injuries. It’s important to differentiate this from a fall in which the city was not negligent. People fall on sidewalks every day. Maybe the person in front of you decided to pour their morning coffee out and you slip and fall on it. This doesn’t make it the city’s fault. So, when might the city (or state) be held liable? Here are some examples
- The sidewalk was lifted up because of tree roots
- There was construction but no warning hazards
- Freezing or thawing caused large cracks in the sidewalk
- There were unrepaired crevices on the sidewalk
The location in which you suffer a slip and fall accident will determine if a property owner (on private property) or a government entity (on a public or commercial property) may be liable for your injuries. But in order to prove negligence, you must prove that the person responsible for the property was aware or should have been aware of the unsafe condition.
How Long Do You Have to File a Claim Against the City?
Depending upon where the accident took place, you will be subject to following that jurisdiction’s specific procedures. This generally will include:
- A time period that you have in which you must notify the government of your injuries (this is usually 30 days);
- A summary of the details of the accident and will be very precise (e.g., the time, location, circumstances, and injuries that occurred); and
- Your request for compensation.
It’s important to note that if you file a claim and do not receive a proper response within the allotted period of time, you can file a personal injury lawsuit.
The Attorneys at Ceja Law Firm Help Pedestrians in Houston Who Have Been Injured in a Slip and Fall Accident
If you were injured in a slip and fall accident due to the negligence of another, it’s vital that you understand to what you are entitled to under the law. With this information under your belt, you can make the important decisions regarding how you want to move forward. That’s why it’s in your best interest to consult with a knowledgeable and experienced Texas personal injury attorney.
At Ceja Law Firm PLLC, we understand the impact that an accident can have on many parts of your life and the importance of properly dealing with such negligence or recklessness. That’s why we will work to get you the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!