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Key Takeaways:
A lawsuit against a city is much different from suing a private property owner. While you may be able to take legal action against the city, many laws protect city governments against liability for sidewalk accidents. Here are some key takeaways to remember if you are considering legal action against a city or municipality:
- You may be eligible to sue the city if you fall on a public sidewalk.
- Most cities are responsible for inspecting and maintaining public sidewalks.
- A city’s failure to maintain a sidewalk or respond to reports of hazards could make it liable for slip and fall accidents.
- Legal protections for city governments make filing a claim against a city challenging.
- An experienced slip-and-fall accident attorney can investigate your accident, file your claim, and get the compensation you deserve.
Factors Determining Liability in a Sidewalk Accident
To win a sidewalk accident case, you must prove that the owner was negligent, which involves more than just showing that the surface wasn’t perfect. Some of the factors that determine liability in a sidewalk accident include:
Duty To Inspect and Maintain
Municipalities are typically responsible for regularly inspecting and maintaining sidewalks under their control. The city could be liable if a hazardous condition develops due to a lack of maintenance or inspection.
The Severity of the Hazard
The severity of the hazard can impact a city’s liability for accidents. For example, wet pavement due to rainfall may not establish liability, but fallen branches near a busy roadway could. The more dangerous the condition, the more likely the city will be held responsible for failing to maintain its public property.
Notice of the Defect
Anyone injured on a city sidewalk must prove that the city or municipality had prior notice of the hazardous condition. Even if the city knew about the hazardous condition, it could avoid responsibility if the accident involved a minor issue that did not require city action. However, a city could have constructive notice if the dangerous condition was so obvious that the city should have taken action to correct it immediately.
City’s Response to Reported Hazards
The city’s response to reported hazards will impact its liability in a slip-and-fall accident. Where city officials routinely ignore reports of hazardous conditions, the city is more likely to be held accountable for accidents and injuries.
When Is the City Responsible for a Sidewalk Injury?
Cities and towns are generally responsible for maintaining public sidewalks and keeping them free from dangerous hazards. Hazardous conditions can cause passersby to fall and suffer serious injuries. Common sidewalk hazards include:
- Cracked or crumbling pavement
- Potholes
- Uneven grading
- Encroaching tree roots
- Slippery walking surfaces
You may be able to sue a city for a sidewalk injury if you can prove that they negligently failed to keep the area safe. To sue a municipality or city for negligence, you must show that:
- The city knew or should have known there was a hazard.
- The city failed to take action to eliminate or warn of the hazard.
- The sidewalk’s dangerous condition caused your injuries.
Who Else Can Be Responsible for a Sidewalk Accident?
Depending on local laws, other parties can also be responsible for injuries from a sidewalk accident. Other parties may include:
- Property owners that fail to maintain the public sidewalks around their property
- Contractors or construction companies that cause sidewalk damage while performing construction work
- Utility companies that cause sidewalk hazards due to unfinished work, open utility covers, or damaged concrete
Understanding Government Immunity & Exceptions
Sometimes, government entities can avoid responsibility for sidewalk accidents based on governmental protections or immunity. Despite legal protections for city governments, several state-specific laws outline when you can sue the government for negligence and failure to maintain public property.
For example, you can file a personal injury case against the government in Arkansas with the Arkansas Claims Commission. In states like Tennessee, Mississippi, and Missouri, you can file a notice with the agency responsible for your injury and sue for negligence.
How To Sue the City for a Sidewalk Injury
Suing a city for a sidewalk injury differs from suing a private entity or person. If you were injured in a sidewalk accident, here are some steps to take to help with your claim:
- Document the accident with photos and video, and get contact information from witnesses
- Seek immediate medical attention for your injuries
- Report the hazard to the appropriate city department, in writing if possible
- File a claim through the city’s administrative process before suing
If the city denies liability for your injuries or doesn’t negotiate fairly, you may want to contact our Memphis slip-and-fall lawyers to discuss your options.
Statute of Limitations & Deadlines for Claims Against the Government
If you delay getting legal help, you may miss your opportunity to file your claim. Every state has a statute of limitations or law that sets a time limit for personal injury victims to take legal action. If you file your claim after the statute of limitations deadline, your claim will most likely be barred.
The statutes of limitations and notice requirements for a personal injury claim against the government are:
- Tennessee: File with the Tennessee Claims Commission within one year of injury.
- Arkansas: File with the Arkansas Claims Commission within three years of injury.
- Mississippi: File within one year of the injury and submit a notice of claim at least 90 days before filing a lawsuit.
- Missouri: File within five years of the injury and present your claim to the Commissioner of Administration for approval within two years
Potential Compensation for Sidewalk Injuries
Damages for sidewalk injury claims include economic and non-economic damages. While economic damages are calculated using actual costs, non-economic damages compensate for emotional harms like pain, distress, and the negative impacts of lost relationships and quality of life. Examples of economic and non-economic damages include:
- Economic damages: Medical expenses, lost wages, and lost future income
- Non-economic damages: Pain and suffering, emotional distress, and loss of consortium
Calculations for damages vary from state to state. Some states limit damages in personal injury claims. For example, personal injury victims in Tennessee can only collect $300,000 per person in claims against the government.
Do You Need a Lawyer To Sue the City?
The rules for suing a city or municipality are complex. Consulting an attorney with experience in claims against a city can significantly increase your ability to recover a fair settlement or verdict for your injuries.
Our personal injury lawyers deeply understand government immunity laws and have significant experience handling personal injury and premises liability claims in Tennessee, Arkansas, Mississippi, and Missouri.
How NST Law Can Help
At NST Law, our award-winning attorneys offer clients compassionate care, accessibility, resourcefulness, trust and transparency, and personalized service. We also pursue the maximum compensation by law for your case, whether by settlement or trial.
NST Law’s experienced team of personal injury lawyers offers:
- Expert Representation
- Thorough Case Preparation
- Aggressive Settlement Negotiations
- Client-Centered Approach
- Comprehensive Support
Our legal team is available 24/7 to answer your questions after a slip and fall accident. Our client testimonials demonstrate our dedication to protecting your legal rights.
Contact Our Personal Injury Lawyers
At NST Law, we are passionate about our clients and the communities we serve. From our 14 NST office locations, we serve clients throughout the Mid-South, including clients in Tennessee, Arkansas, Mississippi, Missouri, and Illinois.
If you or a loved one was injured in an accident, call NST Law today at 800-529-4004 or contact us online for a free consultation.
