Walking is an activity of everyday life that should never end in injury. Unfortunately, there are instances in which people can fall and get hurt during walks. While it is always important for a person to be cautious of their surroundings, accidents can happen when sidewalk conditions are not maintained. This can often result in minor or even serious injuries. Things that are taken into consideration for such an incident can be the injury, the condition of the sidewalk, and who is responsible for the incident.
Examples of Sidewalk Accidents
There are several reasons why a pedestrian can be injured on a sidewalk. Possible factors can include:
- Weather conditions such as snow, ice, water, etc.
- Damage to the surface of the sidewalk
- Loose debris
- Hazardous materials
Injuries as a result of these factors must be addressed within a reasonable period of time. It can be challenging to prove that dangerous conditions were present, but an experienced attorney can help. In addition to this, due to New Jersey district cleanup regulations, a legal case may not exist if it was a risk to walk during the area’s allotted cleanup time. This is often the case during incidents that involve snow or ice.
Liability
While it is sometimes believed that local governments are responsible for all sidewalks, that is not always the case. Usually, the property owner that is next to the sidewalk is meant to care for it. Those liable for its condition can be private citizens, homeowners associations, commercial property owners, and communities themselves.
Proving Negligence
While uncovering another party responsible for a sidewalk injury, it is important to provide what is called the “burden of proof.” The burden of proof requires the injured party to find evidence of negligence to prove that the property owner is responsible for your injury. This documentation can help prove that the owner of that property knew about the condition of the sidewalk and did not do anything to fix it. Pictures of the property and witnesses to the incident can be used as information.
Compensation for Injuries
If your legal case is successful, you may be able to receive financial compensation due to your injury. This may include:
- Wages lost
- Loss of future wages
- Medical bills as a result of the injury
- Loss of consortium
- Pain and suffering
- Emotional distress
Contact
If you have been injured in a sidewalk accident and wish to speak with an attorney about the best course of action for your incident, contact the Law Offices of Christopher T. Howell, Esq. today.
If you have been injured in a pedestrian accident, it is important that you consult with an experienced personal injury attorney today.
