Municipality’s Liability in a Slip and Fall Accident Case

If you have been injured in a sidewalk slip and fall accident, you may hold the municipality responsible, since a municipality is responsible to maintain a sidewalk. However, to hold a municipality liable, you must prove that the negligence of the municipality caused you injuries.

When is a municipality liable for a sidewalk fall injury?

Just because someone fell on the sidewalk does not necessarily mean that the municipality was negligent. Also, just because there may have been a slippery or other unsafe condition on the sidewalk does not mean that the municipality was negligent. To prove that the municipality was negligent, one must prove that the municipality knew or should have reasonably known of the unsafe condition.

Liability for slipping on ice or snow on a sidewalk

A municipality is generally responsible for clearing away ice or snow on a sidewalk in front of a public building or a commercial area. It is not responsible for clearing away ice and snow on a sidewalk in front of a private residence or private property. If you slip on ice or snow on a public sidewalk in a residential area, the municipality cannot be held liable. However, if you slip on ice or snow on a sidewalk in a commercial area, you can hold the municipality liable.

Liability for tripping on a broken sidewalk

If you fall into a hole or trip over a broken piece of public sidewalk, you can make a claim against the municipality, depending on the size of the hole or the break in the sidewalk.

The condition of ice and snow or the broken sidewalk can change within minutes - ice can melt, or it can be cleared away and the broken sidewalk can be fixed. Hence, it is important that you take pictures of the accident scene, your clothes, and any bruises that you might have received. It can be difficult to win the case without pictures of the ice and snow or a broken sidewalk as it was at the time of the injury.