Founder and Managing Partner
Unfortunately, many American cities (including several in the state of California) are plagued by numerous potholes, cracks in the asphalt, uneven concrete sidewalks, and dilapidated ramps.
According to a 2013 study by the United States Department of Transportation, it interviewed some 7,500 people who claimed to have been injured while walking on public sidewalks. Of the people interviewed, almost a quarter (24%) stated that they had tripped over uneven or cracked sidewalks. What if unlucky sidewalk users are seriously injured? What are your legal options?
Slip, trip and fall in public spaces are legally prosecuted as liability claims, and can be brought by injuries that occur in almost any public setting, from tripping on a sidewalk as a result of uneven or broken concrete, a fall in a supermarket on a wet or slippery floor, or a trip or fall in the workplace, there are legal options to help those who have been affected by such an event.
It is important to keep in mind that every public place operates under a duty of care that dictates that the people responsible for this space must ensure that no personal harm occurs. So an accident can be attributed to the negligence of the people responsible for maintaining the area.
Suppose you are injured in a slip and fall on a public sidewalk. In that case, you should be aware of two important limitations: First, most states, including California, have strict deadlines for filing personal injury claims against a municipality. Second, most states put a cap on the amount that can be recovered from the state or a municipality if won.
Most of the time, you may have the right to take legal action against the city, state, or government for injuries sustained. However, the government is known for taking steps to protect its municipalities and minimize the number of claims filed against them. It is important to speak with an experienced legal professional who knows the intricacies of the law before taking legal action.