Who Is Liable if I Slip and Fall on a Sidewalk in California?
Whether you are walking your dog or out for a leisurely evening stroll, nothing will ruin your peaceful day like slipping and falling on a sidewalk. Many people assume that slip-and-fall or trip-and-fall accidents are minor. However, these accidents can be serious, often leading to injuries and a long road to recovery. If you have been the victim of a slip-and-fall accident on a sidewalk in California, it is important you understand what parties may be held liable for your losses.
NK Law Group is a California personal injury law firm with experience helping clients who have suffered harm due to a slip-and-fall accident while walking on a sidewalk. When another party owes you a duty of care and their negligence led to your slip-and-fall sidewalk accident, you deserve justice, and the liable party must be held accountable for their actions.
Who Is At Fault for a California Slip-And-Fall Sidewalk Accident?
Slip-and-fall and trip-and-fall accidents can lead to injuries like traumatic brain injuries or shoulder and knee injuries. If you were injured in a slip-and-fall injury while walking on a sidewalk in California, you deserve justice for the resulting losses you have suffered. To receive compensation, you must file a California personal injury claim.
One of the first steps you should take when filing a personal injury claim after a slip-and-fall sidewalk accident is to identify the liable party in your case. In the state of California, the party identified as the one who is legally responsible will depend on the location of the sidewalk. Municipalities and counties typically own the sidewalks next to private property. However, California Streets and Highways Code 5610 details that landowners are responsible for maintaining the sidewalk in front of their property and keeping it safe and usable for pedestrians.
Landowners may be liable for the sidewalk and may be assessed for the cost of the repairs. However, when it comes to a personal injury claim and how it relates to their liability, landowners may not be liable unless the municipality enacts an ordinance to apply that liability to the landowner. Typically, the municipality will be held responsible for the damages instead of the landowner. Other parties who may be held liable for a slip-and-fall accident on a California sidewalk could include construction companies or any other entity that disrupted the ground and sidewalk without repairing it. To get help identifying who the liable party is in your slip-and-fall sidewalk accident case, contact a trusted personal injury lawyer today.
What is the Time Limit on Making a Sidewalk Claim
Due to the uncertainty that arises relating to the maintenance of the sidewalk, an injured party will need to make a claim against all possible parties that may be liable. This includes the City, the adjoining landowner, and possibly a construction company.
Typically, you have two years to make a claim against the private landowner. However, there are certain restrictions when you sue a government entity, such as a City. You must file a claim with the City within six months from the date of the fall, and you must provide specific information, or you may lose your chance to make a claim. Suing a government entity has several special requirements that will need to be met, so it is important to contact a knowledgeable personal injury lawyer before it’s too late.
How to Prove Liability in a Slip-And-Fall Sidewalk Accident in California
To prove liability in your sidewalk slip-and-fall accident case, you must provide evidence of the four factors of negligence. These factors are as follows:
- The liable party owed you a reasonable duty of care
- The liable party breached the duty of care
- The breach of duty of care caused your slip-and-fall accident and injuries
- You have suffered losses as a result
To get help with your sidewalk slip-and-fall accident claim, contact a trusted California lawyer to begin the claims process as soon as possible.
Get Help From a Sidewalk Slip-And-Fall Accident Lawyer in California
After suffering from a slip-and-fall while walking on a sidewalk in California, you must identify the liable party and prove fault to pursue justice for your losses. To get help building a strong personal injury claim, contact one of our California slip-and-fall lawyers today.
NK Law Group is a personal injury law firm helping clients pursue justice after a sidewalk slip-and-fall accident in California. You do not need to go through the California claims filing process alone, and we will help you with every aspect of your case. To schedule a free consultation with one of our slip-and-fall sidewalk accident lawyers, contact us here or call (510) 519-9497.
EXPERTLY REVIEWED BY
Naseer Khan, Esq.
July 2 2023
Top-rated personal injury attorney Naseer Khan, Esq. has over a decade of experience advocating for injury victims in California. As an award-winning attorney and a member of the American Association for Justice, Khan has a stellar track record of success and devotion to justice for his clients.