Premises Liability and Uneven Sidewalks

By Mark T. Flickinger, JD on December 15, 2017

Patient on crutchesPremises liability cases focus on the duty of a property owner owed to patrons or visitors. A stumble or trip along a sidewalk, hallway, or other walkway in a public place can lead to an injury requiring medical attention.

When those walking surfaces are not maintained properly and someone falls, the party responsible for keeping the walkway safe may be liable for damages.

Damages in a premises liability case can include reimbursement for medical expenses and lost wages. However, the victim must prove several aspects of the case before payment is made. 

For assistance with a premises liability case involving uneven sidewalks, contact Flickinger, Sutterfield, and Boulton in Provo, UT. Our attorneys have a thorough understanding of the elements required in premises liability cases and work hard for a full and fair recovery for all of your injuries.

Who Is Responsible for Maintaining a Sidewalk?

Uneven sidewalks can cause trips, falls, and stumbles. In the most severe of these cases, trips, falls, and stumbles can lead to lacerations, broken bones, or head injury.

When an injury occurs, the party responsible for sidewalk maintenance is one source to look to for compensation for the damages suffered. This means looking at who is responsible for:

  • The overall design of the sidewalk, which may be faulty and defective, leading to an end product that is not safe for its intended purpose of walking.
  • Faulty construction of the sidewalk.
  • The city, which bears responsibility for maintenance and repair of public walkways.
  • Property owners who have property that abuts the sidewalk, and who may have a duty to maintain the area adjoining their business or property.

Of course there may be other factors at play, such as weather and ordinary wear in high traffic areas. Separating these factors and pinpointing another source for the uneven pavement requires methodical review. A complete look at all of the facts that led to the fall and ultimate injury is needed in order to make a definitive statement regarding liability.

What Has to Be Proven to Recover Damages after a Fall on an Uneven Sidewalk?

The first element of proof in any personal injury case is to show that an injury took place that would not have if conditions were different. In a car accident case, this means showing that one of the drivers was negligent in their driving patterns.

For a fall on an uneven sidewalk, this means showing that the sidewalk was not constructed or maintained safely. Thereafter, the victim must show that the injury is a direct result of having fallen on the uneven surface. Once causation and injury are established, the injured victim may recover damages for lost wages, medical bills, costs of rehabilitation, and pain and suffering.

Where to Go for Help with a Fall on an Uneven Sidewalk

If you have fallen on a sidewalk that is cracked or uneven, you may be entitled to compensation for your injuries. It is crucial to connect the dots and show your injuries are the result of the uneven sidewalk, and this takes legal know-how. Call us to today for more information about what to do next. Contact us online or call our office at (801) 370-0505.

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