What Needs to Be Proven In a Sidewalk Injury Claim?
The City of Los Angeles has more than 10,000 miles of sidewalks. With a great climate, these sidewalks are widely used by joggers, runners, bicyclists or walkers. While the beautiful weather and scenery should be a paradise for these people, more than 4,500 miles of the city’s sidewalks have fallen into disrepair making it unsafe to travel upon.
If you or a loved one has been injured on a sidewalk that is in disrepair, you may be entitled to monetary compensation. For more information or to determine if you have a right to damages, you should consult an experienced Los Angeles sidewalk accident attorney.
The Necessary Elements of a Sidewalk Injury Lawsuit
In order to recover monetary compensation in a personal injury claim involving a sidewalk accident, you or your attorney must prove the four elements of negligence:
Duty: you need to prove that you were owed a duty of care (in other words, that the responsible party owed you a duty to keep the sidewalk safe from dangerous obstructions or cracks)
Breach: you need to prove that the duty of care owed to you was breached by failing to properly maintain or repair the sidewalk
Causation: you need to prove that the breach of duty of care (i.e. not fixing the sidewalk) caused your injuries.
Damages: the last element you need to prove is that you suffered an injury as a result of the accident. Injuries are not limited to physical injuries, but can also include damage to property, such as a stroller, wheelchair or bicycle.
Who Is Responsible?
Under current law, if you are injured on Los Angeles’ dangerous sidewalks, you may seek compensation from the city and its insurance.
However, there is a proposal to change this law to shift responsibility for injuries suffered on sidewalks to homeowners. This proposed change would require injured parties to seek compensation from individual homeowners and their insurance carriers.
Contact an Experienced Personal Injury Lawyer
If you or someone you love was injured on a sidewalk, you should consult an experienced Los Angeles personal injury attorney at the Law Offices of Samer Habbas. Call us toll free at 1-888-848-5084.