QUESTION
Do I have a case if I tripped and fell on a sidewalk in front of a store and had trimalleolar fracture?
Asked on Jan 07th, 2014 on Personal Injury - South Carolina
More details to this question:
Walking on sidewalk in front of a store and tripped on a uneven part of the sidewalk.
12 ANSWERS
You could have an action against the store owner and also the City or County, whichever is responsible for maintaining the sidewalk.
Answered on Jan 13th, 2014 at 7:24 PM
Edwin K. Niles
Trip and fall cases are very difficult. You have to prove that the City had prior notice of the defect, and you have to prove that you were not also negligent for not watching where you were walking.
Answered on Jan 09th, 2014 at 9:31 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Sidewalks are commonly uneven. Get you a builder or engineer and ask what they think about construction or maintenance. You don't get paid for falling. People fall all the time. You get paid when someone is negligent and you are not negligent. Get you a lawyer for proper review.
Answered on Jan 09th, 2014 at 9:30 PM
1 Award
Depending on how bad the sidewalk was, you might be able to recover compensation from the city. A problem, however, is that governmental bodies in Wisconsin have a $50,000 limit on what they have to pay. There is another statute that requires you to give a written notice of injury if you intent to bring a case against the city. That notice must be served within 120 of the date of the accident. The service of a notice of injury must be as proscribed by law. You will also want photographs of the sidewalk to help you win your case. I think you should talk with a personal injury lawyer about what to do and how to do it.
Answered on Jan 09th, 2014 at 9:28 PM
James Eugene Hasser
It depends on whether the owner of the sidewalk knew or should have known of the problem and failed to fix it or guard or warn you against it. It also depends on whether the defect was open and obvious. Good luck.
Answered on Jan 09th, 2014 at 12:52 PM
Ronald A. Steinberg
In Michigan, unless the defect is 2 inches or more, you cannot sue the city.
Answered on Jan 09th, 2014 at 12:51 PM
Personal Injury Attorney serving Kent, WA
at
Law Offices of Wayne J. Wimer, Inc. P.S.
Update Your Profile
Depending upon the nature and extent of the defect you encountered and the lighting conditions, you may have a case against the store owner if he knew or should have known of the defect. However you need to check local ordinances to see if the city owns the sidewalk or if the property owner owns the sidewalk, and who has the duty to maintain the sidewalk.
Answered on Jan 09th, 2014 at 12:51 PM
Personal Injury Attorney serving Salt Lake City, UT
at
William Enoch Andrews Injury Lawyer
Update Your Profile
You may have a case but since your injury was caused by an "uneven part of the sidewalk" it would probably be a case against the local city, not the store you fell in front of, depending on the specific facts. Talk to an injury lawyer to help evaluate the case for you. Good luck.
Answered on Jan 09th, 2014 at 12:19 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Only if you can prove negligence on the part of the owner in maintaining the sidewalk. If the uneven part is noticeable, you may have some negligence on your part as well.
Answered on Jan 09th, 2014 at 12:18 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
Whole lot of "maybe's" on that one: How bad was the sidewalk? Why didn't you see the unevenness before you tripped? Is there an ordinance in your city requiring adjoining landowners to keep public sidewalks in good repair? Was it a city-owned sidewalk? Did anybody report or complain about this sidewalk before you fell? Why was it uneven? See a personal injury lawyer in your area, I'm sure there will be more questions.
Answered on Jan 09th, 2014 at 12:17 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
It would be necessary to have a significantly better exposition of the facts part of the time any opinion as to your ability to sue and collect could be rendered.
Answered on Jan 09th, 2014 at 12:13 PM
Family Law Attorney serving Bluffton, SC
at
Peacock Law Group of the Lowcountry, LLC
Update Your Profile
In SC, there are several factors that would have to be considered to determine if you have a case or not. The main thing is to determine who owed you a duty of care and was that duty of care upheld. If it was owed and not upheld and your injuries resulted from this failure to uphold this duty of care, then you may be able to recover damages as a result of your injuries. You should consult with an attorney as soon as possible in regards to this matter. I do hereby clearly advise against any reliance on the information as advice or application of it to a specific situation without a more thorough consultation with counsel.
Answered on Jan 09th, 2014 at 12:10 PM