While walking is an everyday activity, it can occasionally end in injury. This can happen due to improper sidewalk maintenance by those who are expected to tend to its conditions. When sidewalks are not taken care of, it can result in injured pedestrians. Serious injuries such as concussions, broken bones, spinal cord damage, and brain injuries can occur. When seeking legal action after a fall, the injury, condition of the sidewalk, and who is at fault are taken into consideration.
Examples of Sidewalk Accidents
There are several ways a pedestrian can be injured on a sidewalk. Possible factors can include:
- Weather conditions (snow, ice, water, etc.)
- Surface damage
- Loose debris
- Hazardous materials
Injuries as a result of these factors must be addressed within a reasonable period of time. Certain Maryland towns provide 24 hours for constituents to clear the sidewalks they are responsible for after poor weather conditions. A successful case may not exist if you are injured during that window, as it was a risk to walk during that time. This is often the case when dealing with snow or ice. While it can be difficult to prove dangerous conditions were present, an experienced attorney can help with your case.
While it is sometimes believed that local governments are responsible for all sidewalks, that is not the case. The property owner that is next to the sidewalk is usually obligated to care for it. Those liable can be private citizens, public stores, commercial property owners, or the community itself.
While investigating who is responsible for a sidewalk accident, it is important to provide the “burden of proof.” The burden of proof requires the injured party to present evidence of negligence. This is to show that the property owner is responsible for the injury, proving that they 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 documentation for a case.
Compensation for Injuries
If the case is proven successful, you may be able to receive financial compensation for your injury. This may include:
- Lost wages
- Loss of future wages
- Medical bills as a result of the injury
- Loss of consortium
- Pain and suffering
- Emotional distress
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 Timian & Fawcett, LLC today.
If you are in this situation, it is important to discuss this situation with an attorney. The attorneys at Timian & Fawcett, LLC provide effective legal services to clients in Prince George’s County, Washington, D.C. and all of Maryland. Our firm is dedicated to our clients. If you need our help, we are ready to serve. Contact Timian & Fawcett, LLC.