Sidewalks can become uneven and cracked due to a lack of maintenance and repair or negligence. If you slip and fall on a sidewalk and sustain injuries, you might be looking into filing a claim. But who will you file a claim against? Is it possible to sue the city? Depending on the specifics of the case and the injuries at hand, a personal injury case can indeed be made against the city. We’re sharing the details and limitations of holding the city of Houston, TX responsible for a slip and fall case.
When is the City of Houston Liable For a Slip and Fall Accident?
A city is responsible for a slip and fall accident and the injuries that follow only if it is proved that it was negligible and its negligence was the cause of injuries. You cannot file a claim if you merely slip and end up falling on a sidewalk. Such an accident is an everyday occurrence.
If you do believe that your slip and fall accident is a cause of negligence on behalf of the state of the city you will have to duly prove it. Instances in which the city can be held liable are:
- Large cracks in the sidewalk from freezing or thawing
- Uplifted pavement from trees
- Unrepaired crevices
- Areas of unmarked construction or warning hazards
Often times the owner of the property is held responsible for accidents caused due to negligence on their property. Thus, if your slip and fall accident occurs on a residential property you will not be able to hold the government responsible. If, however, your fall takes place of public or commercial property, you might be able to build a case.
In order to prove the negligence of the parties involved, you will have to prove their awareness of the unsafe conditions as well. It is recommended, for a case such as this, to contact a personal injury lawyer who has expertise in claims against the city.
What is the Timeline for Filing a Claim Against the City
According to the jurisdiction you are in, you will have to follow the specific claim filing procedure in order to hold the city responsible for your slip and fall. This procedure will vary from jurisdiction to jurisdiction, but will normally include:
- A specific time period (usually 30 days) within which to notify the government department of your injuries due to the slip and fall accident
- A summary with the exact details of the accident. This will include the specifics of the slip and fall accident such as the exact location, time, circumstances, and extent of injuries
- The request for compensation for the damages incurred
While making the claim, you have to ensure you are addressing the right municipal department. For instance, if you were to trip over a faulty bus stop sign, the city might hold the transportation department responsible and the government at large.
If you file a claim and do not receive a proper response in a certain amount of time, you are within your rights to file a personal injury lawsuit.
Contact the Right Lawyer For Your Slip and Fall
If you have suffered an injury in a slip and fall accident in Houston, TX, it is best to consult a personal injury attorney right away to ensure that your case will be properly handled. At Ivey Law Firm, we are dedicated to helping our clients get the maximum compensation for the injuries that they have sustained. Since we know the law and have years of experience in this area, we can help you get what rightfully belongs to you. Contact us today at 888-335-0015 or fill out the form below.