I Fell On A Sidewalk…Now what do I do…?
Sidewalks are supposed to offer pedestrians a safe means of getting across Burbank without worrying about crowded roadways. Everyone has a use for them.
Parents and teens use them to get to work and the bus stop while children enjoy running carefree on them.
However, did you know that sometimes these ‘safe’ sidewalks can pose a significant health hazard for you? There is always the chance of your falling on sidewalks, especially if they are not properly maintained.
How Can Sidewalks Get So Dangerous?
You may have misplaced your step a few times and lost balance a few times in your lifetime.
It’s not only you.
Anyone can slip on sidewalks and get injured by:
- Tripping on cracks formed by tree roots, uneven settling of segments, or other causes
- Slipping on slick and difficult-to-see ice and snow
- Tripping on debris like household items or yard waste on the sidewalk
- Stepping on potholes formed by the changing weather or damaged concrete
But it doesn’t imply that poorly maintained sidewalks are acceptable. They are dangerous and can lead to some serious injuries if someone slips and falls on them.
The fall can lead to neck and back injuries, brain damage, fractured bones, or even internal organ damage. These injuries take a long time to recover from.
It means you will end up spending lots of time in the hospital and maybe even require surgery. You eventually end up with huge medical bills. And as you won’t be able to go to work, you end up with lost wages too.
Are Sidewalks Private Property?
Yes and no.
Burbank owns sidewalks, so the municipality will be responsible for its negligence that leads to your slip and fall. So while sidewalks are not private property, as the adjacent property may be, it can affect your case.
It’s because it’s the responsibility of the private property owner to ensure the sidewalk is safe. For example, they can be liable if tree roots made the sidewalk uneven and lead to your fall.
This can make your case challenging. As the plaintiff, you have first to ascertain who is responsible for maintaining the sidewalk. You then have to prove that:
- The sidewalk was dangerous
- The municipality or property owner was aware or at least knew about its dangerous condition
Who Has to Repair Sidewalks?
The cities in California own the sidewalks, but a property owner can also be responsible for its maintenance and repairs.
You can start the claims process only after ascertaining who is accountable for the sidewalk repair. This is not easy as the sidewalk maintenance rules are not uniform across the state. Your Burbank personal injury lawyer is a better person to determine who is responsible.
Why You Should Consult a Burbank Personal Injury Attorney
You can technically pursue your sidewalk injury claim on your own. The success of your claim process depends on your being able to prove that the at-fault party was acting in negligence.
And this isn’t easy.
Hiring a personal injury attorney can help for the following reasons:
- As the city denies most allegations and doesn’t always inform claimants about the denial. It can threaten the statute of limitations where you may lose your right to file a personal injury lawsuit.
- The defendants generally target the victims to blame in these types of cases. They will look for evidence to prove you were doing something careless, like texting while walking on the sidewalk. They may alternatively try to prove that the injuries were pre-existing conditions.
- There are time limits to making premise liability claims. You have two years from your injury date to file a lawsuit against a private property owner. However, you only have six months if it’s the city you are filing against.
Besides, you are already in so much physical, financial, and emotional loss because of the accident. The claim and possible court process only add to the pressure.
Your Burbank personal injury lawyer will help reduce the stress and work at proving the at-fault’s negligence. They will, in the process, work at maximizing your compensation and let you focus on your recovery.