Injury From an Uneven Sidewalk and Slip and Fall ClaimsA sidewalk is a wonderful thing that can make walking so much easier. A sidewalk can provide much better footing and help prevent slips, trips and falls.
However, a sidewalk may become cracked and uneven. Then, instead of preventing slips and falls, it may become the cause of a slip and fall accident.
Causes of an uneven sidewalk
There are two main causes of a sidewalk becoming uneven. The first is the result of tree roots pushing up through the concrete pavement. The second main cause of an uneven sidewalk is the concrete pavement becoming sunken as a result of material warping or an unstable base.
You may have fallen and received an injury on an uneven sidewalk. The thing you would like to know is, Am I able to file a personal injury claim as the result of falling and sustaining an injury on an uneven sidewalk?
When you fall on an uneven sidewalk, this injury comes under the heading of what is called a slip and fall. You can slip and fall almost anywhere and for a variety of reasons.
Why did you slip and fall
If you slip and fall on an uneven sidewalk because of your own carelessness or not paying attention to where you were going, you really do not have a claim and will have to bear the consequences and costs of your injury, yourself. However, if your slip and fall on an uneven sidewalk was due to some degree of negligence on the part of the owner of the property, you may be able to file a slip and fall claim. A slip and fall claim comes under the heading of what is known as a premise liability lawsuit.
Premise liability law is a body of law in which a person who is the owner of premises or land is liable for certain kinds of injuries that happen to a person who is there on the land or premises. Premise liability laws vary from state to state.
Premise liability cases that involve a slip and fall on an uneven sidewalk are not easy to prove. This is because it is necessary to prove that the property owner either unreasonably permitted a dangerous condition to continue that he should or could have fixed, or the property owner was responsible for creating the dangerous condition.
Not automatically liable
It is essential that you understand that a premise or land owner is not automatically liable simply because you slip and fall on their premises or land. It is necessary for you to prove that the owner should have seen the condition, recognized the danger and did something about it. However, a court may say, If the condition of an uneven sidewalk was open and obviously dangerous to the owner of the land, it should have been open and obviously dangerous to you, also. In which case, you should have seen the condition and avoided it.
For these reasons, among others, it is always wise to consult a personal injury lawyer to have him or her determine the merits of your case and whether it would be a good idea to file a premise liability claim for your slip and fall on an uneven sidewalk.
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