DANGEROUS SIDEWALKS CAN CAUSE SEVERE INJURY: WHO IS LIABLE?

Public sidewalks are used every day for sport and to get to and from our destinations. Cracks in the sidewalks are common, but sometimes it’s not the cracks that should be avoided – it’s the raised walkways created by deep tree roots protruding from the concrete. As careful as we are, there is always a chance that we will trip and fall because that raised sidewalk was not properly attended to resulting in damage and injury to the public.

While the owner of the tree is liable for those injuries and damages, what if the owner of the tree or the sidewalk is the government? In that event, liability can only be imposed on the government if the condition – the uneven/raised pavement – was dangerous and the government knew about the danger without having corrected it. In other words, in large cities, it is uncertain whether the government is aware (through public or self-reporting) of the “dangerous condition”. Even if the requirements are met, there are other rules by law which must be satisfied when seeking compensation from a government entity.

If you have been injured in a slip and fall or trip and fall accident on a public sidewalk, compensation may not be a matter of right. It is of the utmost importance to be familiar with your legal options if another’s negligence has caused you serious injury. San Jose personal injury lawyers at Caputo and Van Der Walde – Injury & Accident Attorneys know how to navigate the red tape of government claims. If you want to know your rights in such a situation, call us for a free consultation at (800) 900-0863