3 Types of Trip and Fall Cases Against a City or State
If you were injured in a trip and fall incident on public property, the city you are living in may be liable for your accident. A trip and fall lawyer will walk you through the process of filing a claim against the city or state. Here are several types of trip and fall cases against a city or state:
1. City Sidewalks
Pedestrians may trip on the sidewalk if it is uneven or cracked. Possible fall injuries include bruises, torn ligaments, broken bones, and even brain trauma. Property owners have the responsibility to maintain their property and place warning signs if needed to keep their premises safe. This concept is known as premises liability.
If the fall occurred on a city-maintained sidewalk, your case may fall under municipality liability. A trip and fall lawyer will instruct you on municipality liability and how to build your case. Philly Slip and Fall Guys offers free assessments where we go over the evidence of your case and determine liability.
2. City Streets
Poorly maintained streets and unmarked construction zones create tripping hazards for pedestrians. If someone trips over a pothole and injures themselves, liability may rest with the entity responsible for maintaining that part of the road. This includes city and state governmental agencies. If the city had a responsibility to maintain the street and failed to do so, they could potentially be ruled as negligent. A lawyer will work with you to determine if negligence applies.
After a trip and fall accident, make sure to receive medical attention even for seemingly minor injuries. Keep all medical records, bills, and prescriptions. Take photos of the scene and trip hazard, and get statements from any available witnesses. Create a written account of the accident, with details such as exact time and location and weather conditions. This will serve as evidence for your claim, adding validation. Bring the available evidence when meeting with your lawyer.
If you decide to file a claim against the city, you are required to file a notice of claim. This is a formal document that you send to the city. It includes information such as:
- Accident details
- Injuries
- Intent to pursue damages
Cities may have different deadlines for filing a notice of claim. Your claim may be dismissed if the notice is not submitted within the set timeframe. The notice of claim deadline for the city of Philadelphia is six months after your accident. A lawyer from Philly Slip and Fall Guys will help you file the notice on time.
3. Public Areas
Property owners are typically held liable for trips and falls on private property, such as apartment complexes and homes. A city may be held liable for trip and fall accidents that occur in public areas. Public areas include:
- City parks: A city park that has been poorly maintained potentially includes trip hazards such as damaged playground equipment. Pathway obstructions such as overgrown briars or weeds may also result in trip and fall incidents.
- Public buildings: Detached metal strips or inadequate handrails for stairs in public buildings create fall hazards. Other fall hazards in public buildings include holes in the carpet and electrical cords.
- Public transportation: Inadequate lighting in a public area makes it more difficult for pedestrians to see where they are going, making it easier to trip over obstructions or miss steps. Damaged steps and platforms are also trip hazards.
If you are partly responsible for the fall, ask your lawyer about comparative negligence in your state. The state of Pennsylvania has a modified comparative negligence law. Comparative negligence laws allow victims to receive partial compensation for their accidents. A court typically decides the percentage you are at fault for the fall and deducts the percentage from the overall amount of damages.
Settlement and Damages
A trip and fall lawyer can negotiate a settlement with the city or state for you. Our lawyers at Philly Slip and Fall Guys work to maximize compensation and provide legal counsel throughout the claims process. We take both economic and non-economic factors into account and fight for a fair settlement. Economic damages refer to monetary compensation for financial losses that are due to your injuries, such as lost wages. Compensation for physical and emotional pain falls under the category of non-economic damages. If the city does not provide a fair settlement, our lawyers will review lawsuit options with you.
Contact a Trip and Fall Lawyer
Our lawyers have experience in premises liability and in-depth knowledge of personal injury law. We assist clients with slip and fall, trip and fall, and other kinds of personal injury cases. Philly Slip and Fall Guys does not charge our clients any fees until after a settlement or verdict. Complete an online form to schedule a case evaluation, or call us to speak to a trip and fall lawyer today.
