If you slip and fall on a sidewalk due to an obvious crack or other type of damage, is the city responsible? Can you sue them? The truth is that yes, you can sue them – but the real question is whether or not you are likely to be successful. In addition to the rules that govern any personal injury claim, suing a government body has additional procedures.
Keep reading to learn more about these procedures and then contact The Law Offices of Larry H. Parker at 800-333-0000 to request a free legal consultation. We can carefully consider your case and help you decide if you have grounds to sue for a trip and fall accident or not.
You Must Be Able to Prove Several Factors to Have a Valid Claim
If you slip and fall on a crack in the cement, that is not necessarily enough to be able to bring a successful personal injury claim against the owner of the property, whether it is the city or a private owner. You must be able to show that the property owner either created the dangerous situation, allowed the dangerous situation to consider, or should have known the dangerous situation existed.
For example, if there is a dangerous area of concrete with several large cracks, and there is evidence that the city received complaints for a period of two years regarding the cracks, then an injury on those cracks may be their legal responsibility. However, if a local tree-trimming company cracked the cement two days ago and you fell over the crack today, it is unlikely that the city had enough time to take action and repair the area. They would be unlikely to be found at fault.
Important Things to Know About Suing a Government Entity
If you are planning to sue the city then you should know that the rules are different than they are for a typical personal injury claim. In a typical case, you would have as long as three years to file your personal injury claim, depending on the damages. However, when it comes to government entities you have just a matter of months during which you must file your claim or your case will not be heard.
There are also special filing tips that may be followed. If you simply send the notice to the wrong office, it could be moved from one office to another, and by the time it gets where it needs to go, the filing deadline may have expired.
These are just a few of the ways in which suing a government entity is different than suing an individual or a corporation. The best way to proceed if you believe the city is responsible for your injuries is to contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.