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Monday, August 6, 2018
Most people do not put much thought into walking down the sidewalk. You just assume that if you are walking, pushing a stroller, or your child is riding a skateboard that the sidewalk is safe. All it takes is a crack, sheet of ice, or uneven pavement to make a person unexpectedly topple face first onto the concrete.
In most trip and falls, there are no serious injuries. However, there are instances where a person might trip, slip, or fall on a sidewalk and suffer from more severe injuries like broken bones, lacerations, or a traumatic brain injury (TBI). When sidewalk injuries result in serious harm, you may want to know who you can hold accountable for those injuries – whether it is the owner, city, or a third party.
Sidewalks are used heavily, especially downtown. These surfaces remain in place for years before they undergo repair, and sometimes they are put on the backburner due to city budgetary constraints. Some common causes of serious injuries on sidewalks include:
Property owners are required to repair uneven surfaces, potholes, and any obstacles that could create a safety hazard on their sidewalks. Property owners must correct the problems on sidewalks designated as part of their property and those in front of their property. Most cities require that they remove snow and ice accumulation within a reasonable time after a storm.
One thing to remember is that a broken sidewalk might not be the homeowner’s responsibility but could fall on the city, depending on municipalities and regulations. Therefore, you need to know the differences between homeowner responsibility and city responsibility.
Cities have different regulations regarding sidewalk maintenance. Most, however, hold homeowners and business owners responsible for any sidewalk adjoining their property.
The city of Chicago, for example, requires that property owners remove snow and ice from their sidewalks per Municipal Code of Chicago 4-4-310 and 10-8-180. The code requires that snow is removed as soon as possible after it falls. And if the snow falls between the hours of 7:00 am and 7:00 pm, it must be removed before 10:00 pm. Snow that falls overnight must be removed by 10:00 am the following morning.
Therefore, if you were to trip and fall on a sidewalk because it was slick with ice and that homeowner or business owner failed to remove the ice in the designated time, they would be responsible for your injuries.
The same goes for removing tripping hazards such as lawn care equipment or children’s toys on the sidewalk. If you were to leave obstacles on your sidewalk that later lead to someone tripping and falling, you could be liable for their injuries.
Typically, the city or municipality is responsible for sidewalks that are not adjoining private property. The liability is similar to private property where the municipality must try to make their sidewalks safe – including repairing any defects or dangerous conditions.
Chicago does have a sidewalk program where homeowners can apply for a reduced replacement cost and share the replacement and repair costs of their sidewalks with the city. Normally, a homeowner would be required to replace these sidewalks. But in this case, the city offers a shared cost program to rehabilitate sidewalks that would typically be at full cost for the homeowner or business owner.
Every time a pedestrian is injured in a trip, slip, or fall on a sidewalk, the property owner is not always at fault. The law gives a reasonable homeowner time to correct a safety hazard on their property.
For example, ice builds up on a sidewalk overnight in front a store. The store had closed at 7:00 pm and a pedestrian walking through at midnight slips on the ice and injures themselves. The snow and ice did not accumulate until after the store had closed. Therefore, it is unlikely the store’s owner would be liable, because they did not have a reasonable time to find the ice and correct it.
If that same store owner did not clear the ice by morning, especially within the Chicago snow removal time limits, then they would be liable if the pedestrian was injured the next day.
What is reasonable to some might not be reasonable to the court. Instead, the court considers how much time a person would have to discover the defect and correct it. Snow and ice removal would have less of a timeframe compared to more serious flaws. However, if the property owner does not take measures to deter people from the defect, then they could still be liable – even if they are waiting for the defect to be repaired.
This is because injuries like this come down to negligence and a person’s duty of care to the public. If you know your sidewalk is dangerous and there is a defect that could easily trip someone, leaving it there could still make you liable, even if you have a contractor coming to repair it the following week. The only way to escape liability would be to tape off the area or put up signs warning of the potential hazard – similar to a store posting a “wet floor” sign on slick surfaces.
The government is responsible for millions of square feet of sidewalk. Therefore, it is unreasonable to expect them to patrol every inch in the city and be liable the second a pothole or crack forms. The only way to prove the city knew of the defect is through proper notices.
Actual notice is when a citizen writes a complaint to the municipality informing them of the dangerous condition. While this serves as proof the city knew of the defect, they may not be liable if the flaw was too minor.
Constructive notice is when the municipality is aware of a dangerous condition that would not be classified as “minor.” For example, a large pothole in a sidewalk or piece of sidewalk that has lifted several inches because of tree roots.
Proving a sidewalk trip and fall case might be difficult, but it is not impossible. You will need to show credible evidence that the owner or city knew of the defect and failed to rectify it. You can do so by providing:
If you or a loved one was injured in a slip, trip, or fall on a sidewalk, it is essential that you speak to an attorney. Identifying the party at fault can be difficult in these cases, and proving your case requires someone with experience handling sidewalk injury claims.
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NOAH TAFFELPersonal Injury Victim