Walking is an everyday activity of life that should never result in injury. While some accidents can be a result of pure clumsiness, others may be due to poor sidewalk conditions. When sidewalks are not managed by those who are responsible to care for them, people can get hurt while they are out walking around. Some injuries may be minor while others can be very serious. Injuries such as broken bones, concussions, brain damage and more can happen to an individual as a result of improperly maintained grounds.
Causes of Sidewalk Accidents
There are several ways an individual may be injured as they are walking down a sidewalk. Possible factors may include:
- Weather conditions (snow, ice, water, etc.)
- Damaged surface of the sidewalk
- Slippery substances
- Loose debris
- Hazardous materials
It is very important that if you are injured as a result of the factors above, you address the incident within a reasonable time period. This is so that your case may be handled the best it possibly can. Presenting dangerous conditions can be difficult, but an experienced attorney can work to help your case. In an event of inclement weather, a property owner is allotted a certain amount of time to tend to their property conditions. The exact amount of time varies from each municipality. If your injury took place during that municipality’s window of time, you may not have a case as it was a risk to walk during this time.
Liability
Many who are injured as a result of another party’s property often wish to know who is responsible for their accident. While many believe the local government is obligated to tend to all sidewalks, this is not always the case. In Delaware, the owner of the property that is attached to the sidewalk is responsible for its care. Those liable for sidewalk conditions may be private citizens, commercial property owners, or a municipality.
Proving Negligence
While investigating who is responsible for an injury, it is important to provide what is known as the “burden of proof.” In order to be held responsible, a property owner must be found negligent. This means they knew about the condition of the sidewalk and did nothing to fix the damages. There are many things that may classify as evidence for your case. All medical documentation of your injury as a result of the poor conditions may help your case. This is because it documents the injury itself, where it occurred and when. Pictures of the damages and witnesses to the incident can also be used as evidence for your case.
Compensation for Injuries
If your case is proved to be successful, you may be able to receive monetary compensation due to your injury. This may include:
- Wages lost
- Loss of future wages
- Medical bills as a result of the injury
- Loss of consortium
- Pain and suffering
- Emotional distress
Contact
If you have been injured in a sidewalk accident and wish to speak with an attorney about the best course of action for your incident, contact Delaware Injury Law Firm today.
Delaware Injury Law Firm is comprised of an experienced team of attorneys focusing on legal matters of personal injury, workers’ compensation, Social Security Disability, product liability, and wrongful death in Delaware. If you require an effective attorney to guide you through these difficult legal matters, contact Delaware Injury Law Firm today to schedule a free case evaluation.