One of the most common questions regarding bad sidewalks in a city is whether or not the city itself can actually be held liable for the sidewalk not being maintained properly.
The simple answer to that question is this: negligence must be shown in order for a city to be held liable for a bad sidewalk that results in someone tripping, falling, and injuring themselves. In many states, municipalities are liable for negligence in terms of maintaining public sidewalks and streets; however, there are some limitations regarding an injured individual’s right to sue them for something like this. These are as follows:
*A specific deadline to make the claim must be met
*There is a limit on how much can be recovered from the municipality or state if the claim is valid
In terms of the liability of a municipality when it comes to a slip and fall accident on a sidewalk or street, this only comes into effect if negligence occurred and it resulted in the accident taking place. This means that a simple fall does not mean that the municipality was negligent. This also counts for street or sidewalks are either slippery or similarly unsafe due to inclement weather conditions.
If you suspect negligence on a sidewalk or street and fall because of it, always take pictures of the area immediately. Depending on the size of a hole or break in either of these areas, a negligence claim may end up being valid, and having pictures to support your claim will most definitely be helpful.
In terms of the deadlines of filing a claim of negligence, these vary depending on the state in which you reside, but generally include the following:
*As little as 30 days to notify the proper municipal department in writing of where the accidents occurred, as well as the circumstances surrounding it
*Shortened deadline for filing a lawsuit
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