Categories: Sidewalk Accident

Determining Fault In Sidewalk Accidents

Published by
Samer Habbas, Esq

Sidewalks provide many benefits, including safety, mobility and healthier communities. They reduce walking along roadway accidents and other pedestrian related accidents. However, as important as sidewalks are in preventing certain accidents, they can also be a hotbed of accidents in and of themselves. If a sidewalk is poorly maintained or in major disrepair, it can result in a devastating accident to a pedestrian.

In sidewalk accident cases, the common question that victims often have is who is responsible for their injuries. This issue can be somewhat trickier than most think. In most sidewalk accident cases, different factors can determine exactly who is at fault and responsible for your injuries.

Different Factors Affecting Sidewalk Accident Liability

Sidewalk accident cases can be very complicated because it is often not clear who is at fault for the accident. As such, it is imperative to hire a personal injury attorney who specializes in sidewalk accidents to investigate the facts of your case and determine exactly who is responsible for your injuries. A knowledgeable attorney will handle your claim in two distinct steps:

  • First, your attorney will need to establish that the condition of the sidewalk where you were injured was unreasonably dangerous and that the property owner or the entity in control of the sidewalk should have reasonably known about the unsafe conditions that caused your accident.
  • Second, your attorney will need to determine whether the conditions of the sidewalk that resulted in your accident was caused by a private property owner or by the municipality in charge of the walkway. In certain situations, even if the sidewalk was under the control of a city or government municipality, a property owner can also be responsible if he or she contributed to the unsafe condition of the sidewalk. In other cases, the municipality will be the only responsible party.

If your sidewalk accident lawyer determines that a city or government municipality is at fault for the accident, additional factors need to be considered. One important factor is time. If you plan on bringing a claim against the municipality, you have a much shorter time period to bring your claim – in most cases as little as 30 days. Moreover, you may also have a much shorter time period in which you can file a lawsuit, depending on the municipality’s statute of limitations.

To make sidewalk claims against municipalities even more complicated, there are differences between state highway and locally maintained property. If the area where you fell is along a state-maintained roadway, you will need to file a lawsuit against the state rather than a city municipality.

Consult with a Sidewalk Accident Attorney in Los Angeles

If you or a loved one has suffered serious injuries in a sidewalk accident, you may be entitled to monetary compensation. For more information or to schedule a free consultation with an experienced sidewalk accident attorney, call the Law Offices of Samer Habbas today at 888.848.5084.

Samer Habbas, Esq

Samer Habbas is a California attorney with over 18 years of experience in personal injury law. Throughout his career, he has successfully recovered over $300 million for his clients, solidifying his reputation as a leading advocate in the field. Samer swiftly gained recognition for his adept negotiation skills and unwavering dedication to his clients. His practice spans a wide range of personal injury cases, including car accidents, dog bites, funeral home abuse, premises liability, and wrongful death. Samer is known for his compassionate approach and commitment to securing favorable outcomes for his clients. His expertise has earned him the trust and respect of both his clients and his peers within the legal community. He is also deeply invested in giving back to his community. He actively participates in pro bono work and volunteers his time to various charitable organizations. Samer is a champion for those who have been wronged, leveraging his extensive experience and expertise to make a meaningful difference in the lives of his clients and his community.

Published by
Samer Habbas, Esq

Recent Posts

Victims Killed in Catalina Island Helicopter Crash Identified

Legal Guide by Samer Habbas & Associates, PC The tragic loss of life in an…

6 days ago

Southern California Building Fire and Explosion Causes Catastrophic Injuries

Samer Habbas & Associates, PC Analyzes Premises Liability, Rescue Doctrine, and Wrongful Death Rights A…

2 weeks ago

Multiple Lawsuits Filed After Six Flags Magic Mountain X2 Roller Coaster Allegedly Caused Brain Injuries

Attorneys for Plaintiffs Allege That Six Flags Magic Mountain Roller Coaster Has Design Defects That…

2 weeks ago

Southern California Teacher Accused of Abusing Special Needs Children in Lakewood

Legal Rights, School District Liability, and Catastrophic Injury Claims | Law Offices of Samer Habbas…

3 weeks ago

Three People Killed After News Helicopter Crashes in Chatsworth

Helicopter Providing Coverage for NBC Los Angeles Crashed While Reporting on Fatal Bus Accident CHATSWORTH, CALIFORNIA (September…

3 weeks ago

Samer Habbas & Associates Earns Recognition for $2.675 Million Settlement in Wrongful Death Case

Plaintiff v. Shelter Was the No. 1 Settlement for a Negligent Security Case in Los Angeles County…

3 weeks ago