When a pedestrian walks down a sidewalk, rarely do they believe that they may encounter hazardous conditions. Unfortunately, sidewalk accidents happen quite frequently, often at no fault of the pedestrian. If you were seriously injured due to dangerous conditions on a sidewalk, you may be able to bring a lawsuit to recover damages. The attorneys at Friedman Schuman have the skill and experience needed to represent you after an accident. If you have been injured in a sidewalk accident, contact Friedman Schuman today to schedule a consultation.
Who is liable for my accident?
Hazardous conditions present on a sidewalk may cause a pedestrian to sustain an injury. An unforeseen serious injury may result in high medical expenses, lost wages, and other financial hardships. Although property owners can be liable for injuries sustained from unsafe sidewalks, sometimes liability is not clear-cut. Liability can depend on a number of different circumstances, including where property lines begin and end, when the accident occurred, and the weather conditions at the time of the incident. If a pedestrian sustains an injury on a property belonging to a municipality, it may be difficult to prove negligence and recover damages. In Pennsylvania, personal injury lawsuits against a municipality are one of the few exceptions from government immunity. In order to bring a case against a municipality, one is subject to the burden of proving:
- That there was a dangerous condition that created a risk
- The municipality knew or should have known about the dangerous condition
- The municipality failed to take measures to fix the dangerous condition within a reasonable period of time
- The damages would be recoverable if the liable party was caused by someone other than the municipality
The burden of proof
To succeed in a personal injury case, one must satisfy the burden of proof. There are requirements that should be met prior to bringing on a lawsuit against a municipality or a private property owner. Even if a property owner does not realize it, they are often responsible for the upkeep of the adjacent sidewalk. While not always possible, a person who sustains injury due to a sidewalk accident should take certain measures to preserve evidence related to the accident and their injury. If the injured party can prove that the property owner knew or should have reasonably known about the dangerous conditions, they may be able to recover damages. The assistance of an experienced personal injury attorney is essential when trying to fulfill the burden of proof.
Contact an experienced Montgomery County sidewalk injury attorney
Friedman Schuman understands the impact a serious injury can have on a victim’s life. For over 30 years, our firm has provided clients with effective legal services, developing a comprehensive case against the negligent party and zealously representing clients’ interests in court. If you need the assistance of an experienced personal injury attorney, contact Friedman Schuman to schedule a consultation.