When is the City Liable if I get injured when I Slip and Fall in the Street?

Did you slip, trip, and fall on a public sidewalk or street and it was not your fault? Now you’re thinking to yourself: who will pay for my medical bills? The city? The municipality? The county? It depends.

Like in other personal injury cases, one element needs to be present before one can make a claim: negligence. A personal injury claim is even stricter when you’re claiming from a state or local government. City entities strictly follow procedural rules and some states even limit how much you can claim.

When a City or Municipality is Liable?

To reiterate, it must be proved that there was negligence on the part of the city or municipality, and such negligence was the cause of the accident. Slipping or falling on a sidewalk or street does not automatically make the city liable. You have to prove that this was their responsibility and negligence on their part. Talk to a local personal injury lawyer that has experience in slip and fall injury accidents to make sure you have a case and who is responsible or liable for your injuries.

Liability for Slips or Trips on Ice or Snow

If you slip or trip on ice or snow while walking on a public street or sidewalk, you don’t automatically go after the city. The city or municipality may not be responsible for clearing snow and ice on sidewalks in front of commercial buildings and private residences. Maybe the city is only responsible for maintaining streets in front of public areas and buildings. Therefore, where you slip, trip, and fall matters as to whether or not you can file a claim against the city.

Whoever is responsible for maintaining manholes will be liable if and only if there is negligence found in the slip and fall accident that caused your injuries.

In October 2020 an unique incident occurred. A man was walking to a bus station in the Bronx, NY and the concrete in front of a building cracked beneath his feet. A hole about 15ft deep swallowed this man into a rat-infested chasm , trapping him underground for about 30 minutes. The victim was so scared that he couldn't even scream.

A part of the pavement collapsed and formed a gap on the sidewalk. This was due to a vault that was in a state of despair.

A fence was erected around the building, which inspectors ordered to be vacated. It was not clear who owned the building, nor who was responsible for maintaining the pavement in front of it. But rest assured, a good personal injury attorney will investigate and find out.

If there's a hole or gap on the street, the city or whoever is responsible for that area, must place signage to warn people from danger . If the people responsible fail to comply, then it could be considered negligence.

If you have a slip and fall accident at the entrance of a tunnel in NYC, you may think the city is liable and should pay for your injuries. But guess what? The MTA might be liable.

As you can see, there can be many different scenarios. Therefore, it is advisable to consult with a personal injury attorney near you that specializes in these types of accidents.

What to Do When You Slip AND Fall?

Usually after an accident, people get scared and nervous. This state of mind may block any pain. If you are able to stand after a fall, then take pictures.

It’s important that you take pictures of the scene of the accident to strengthen your claim. Take photos and details of your injuries as well. Gather as much evidence that you can get at the scene. Was there a pothole? Take a picture. Was there trash that was not picked up? Take a picture.

Also, if the city happens to be liable, be aware of the time and deadlines for filing a personal injury claim against it. . The city requires that you follow a strict procedure when filing a claim. While the requirements and procedure vary from state to state and city to city, it is very important you do not miss these deadlines. Experienced slip and fall attorneys in your city will know how much time you have to file your claim.

If you are seriously injured after a fall, call 911. When possible, reach out to an attorney for a free consultation. The slip and fall lawyer will let you know if you have a case. Once they start handling your case, they will determine who is liable and place the claim or claims on your behalf.

Your immigration status doesn’t matter. You have rights and you should be compensated for your medical expenses and other costs related to the accident if you suffered a severe injury due to someone’s proven negligence.

Strictly comply with the requirements and follow procedural rules, as a mistake can disqualify you from successfully making a claim. Needless to say, ensure that you are filing a claim against the proper entity. A personal injury attorney that specializes in slip and fall accidents can better help you with all your legal options.