Sidewalk accidents happen more often than you might think. One moment you’re walking along, minding your own business, and the next you’re sprawled on the ground, possibly injured and definitely shaken. If this has happened to you, you might be wondering about your legal options. Can you sue if you trip on a sidewalk? The short answer is: maybe. Our sidewalk accident lawyer team explains more:
Understanding Premises Liability
Sidewalk trip-and-fall cases fall under an area of law called premises liability. This legal concept holds property owners responsible for accidents and injuries that occur on their property due to negligence. However, sidewalks present a unique situation because they’re often considered public property.
So Who’s Responsible for Sidewalk Maintenance?
The answer to this question varies depending on your location. In some areas, the city or municipality is responsible for sidewalk maintenance. In others, the property owner adjacent to the sidewalk bears this responsibility. In New Mexico, the situation can differ from one city to another.
For example, in Albuquerque, property owners are generally responsible for maintaining the sidewalks adjacent to their property. This includes repairing cracks, removing debris, and clearing snow and ice. However, the city may share some responsibility in certain situations. Your sidewalk accident lawyer can help you look at records to see who is responsible.
Proving Negligence After Tripping on a Sidewalk
To have a valid lawsuit, you’ll need to prove that the responsible party (whether it’s the city or a property owner) was negligent in maintaining the sidewalk. This means showing that:
- The responsible party had a duty to maintain the sidewalk
- They breached that duty by failing to maintain the sidewalk properly
- This breach directly caused your accident and subsequent injuries
- You suffered damages as a result
For instance, if a large crack in the sidewalk had been present for months and the property owner or city failed to repair it despite being aware of the hazard, this could be considered negligence.
Potential Challenges
Sidewalk trip-and-fall cases can be complex. Cities often have specific procedures and time limits for filing claims. They may also have certain immunities that can make lawsuits challenging.
Additionally, the concept of comparative negligence may come into play. This means that if you were partially at fault for the accident (perhaps you were distracted by your phone), your potential compensation could be reduced. Your sidewalk accident lawyer will know the questions to ask to help you figure out if you can expect recovery or not.
Steps to Take If You’ve Tripped on a Sidewalk
If you’ve had a sidewalk accident, consider taking these steps:
- Seek medical attention for your injuries
- Document the scene with photos, if possible
- Get contact information from any witnesses
- Report the incident to the property owner or city
- Keep records of all medical treatments and related expenses
- Contact an experienced personal injury attorney
How Roadrunner Law Firm Can Help
At Roadrunner Law Firm, we have extensive experience with premises liability cases, including sidewalk accidents. We understand the nuances of New Mexico law and how it applies to these situations.
Our team can help determine who’s responsible for the sidewalk where your accident occurred. We’ll investigate the incident, gather evidence, and build a strong case on your behalf. We’ll handle communications with insurance companies and fight for fair compensation for your injuries, medical expenses, lost wages, and pain and suffering.
Don’t Wait to Seek Help
Remember, there are time limits for filing personal injury claims in New Mexico. The sooner you reach out for legal help, the stronger your case may be. Evidence can disappear quickly, and witnesses’ memories can fade.
Contact Roadrunner Law Firm Today
If you’ve been injured in a sidewalk accident, don’t face this challenging situation alone. The experienced team at Roadrunner Law Firm is here to help you understand your rights and options.
Call us today at 505-444-4321 for a free consultation. Let us put our knowledge and experience to work for you while you focus on your recovery. At Roadrunner Law Firm, we’re committed to helping you get the compensation you deserve. Your path to justice begins with a single phone call – reach out to us today, and let’s take that first step together.
