Who’s Liable In a Sidewalk Slip and Fall Injury?
September 25, 2020
While you should consult a Houston personal injury lawyer after any slip and fall, it is important to understand how liability works. The local or county government may have been responsible for building the sidewalks, but that doesn’t necessarily mean they can be held liable for accidents that occur on them. As a general rule, the individual or business entity that owns the adjacent property is liable for the upkeep of the sidewalks and any accidents that occur on them.
If you slip and fall on a sidewalk that’s a part of government property, the government entity that manages that property can be held liable. For instance, if you slip and fall on a patch of ice on a sidewalk that leads to the Department of Motor Vehicles building entrance, your Houston personal injury lawyer may be able to help you seek damages from the Department of Motor Vehicles. However, even if you have a good case and win your suit, most states have laws that limit the amount you can seek in damages.
If you do slip and fall on public property, your Houston personal injury lawyer will have to determine if the adjacent property owner can be held liable. This is not always the case. In order to be held liable, it must be proven that the defendant was negligent in caring for the sidewalk. This may involve showing that the sidewalk was in a state of significant disrepair, or that snow and ice had not been removed within a reasonable amount of time.
When you have a slip and fall accident, you can help your claim for damages by taking as many pictures of the scene as possible. You should immediately take pictures of the area where you fell, the injuries you suffered, and any property damage that resulted from the accident. When you consult Daniel Williams & Associates, they can use your pictures to evaluate the strength of your claim and provide you insight with how you should proceed with your case.