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Sidewalk Defect Accidents: Causes And Liability

Posted by Bautista Leroy | Jan 20, 2024 | 0 Comments

sidewalk defect accidents

Bautista LeRoy Law Firm can answer your inquiries related to sidewalk defect accidents. Our attorneys have been serving the public in Southern Illinois and the surrounding areas of St. Louis. We specialize in medical malpractice, nursing home, personal injury, sexual abuse/assault and railroad crossing litigation. We provide reliable expertise with proven results for their case.


This article covers the causes of sidewalk defects, who is to blame and how to hire an effective personal injury attorney.


What Are The Causes Of Sidewalk Defects?

Sidewalk hazards develop over time due to environmental influences and negligence. Common causes could include:

  • Tree roots
  • Weather damage
  • Poor construction
  • Heavy foot traffic
  • Water damage


Can My City Be Held Responsible For Injuries Caused By Defective Sidewalks?

Accident liability depends on the location of the occurrence and local laws. Many municipalities are accountable for keeping up public sidewalks. Proving liability against cities can be challenging. Evidence must demonstrate they knew or should have known about a defect but failed to act swiftly.

Many cities impose notice-of-claim requirements that any injured party must notify their city within a certain number of days so they may seek compensation. Failing to adhere to this mandate could prevent you from ever being reimbursed at all.


When Can Property Owners Be Held Liable?

Not all city governments or municipalities are legally accountable for maintaining sidewalks. Sometimes, adjacent property owners bear legal responsibility if someone falls onto an unsafe walkway near their businesses.

Commercial property owners hold greater responsibilities, given that their premises are open to the public. Residential owners may also be held accountable for defects they cause, such as failing to repair damage caused by landscaping and construction projects.


Why Hiring An Attorney For Personal Injury Can Prove Beneficial? 

Opting to manage injury claims alone may end in either reduced settlements or no recovery at all. Hiring personal injury attorneys provides significant advantages:

  • Identify the correct defendant
  • Investigate the defect
  • Navigate complex liability laws
  • Negotiate aggressively
  • Prepare for trial


When Should An Attorney Be Hired?

After medical treatment, it is wise to contact an attorney to preserve evidence before it's altered. Fast action must be taken to meet all deadlines, particularly those regarding municipal defendants and notice-of-claim periods that often have limited durations.

Delays can compromise your claim, as witnesses' memories fade, conditions change over time and physical evidence becomes unavailable. Early legal representation will give you an edge during negotiations or litigation proceedings.


What Are The Criteria For Finding A Good Attorney?

  • Specialization: Find an attorney with expertise in premises liability and personal injury cases.
  • Expertise: An attorney with an impressive track record in terms of verdicts and settlements proves their abilities.
  • Communication: Your attorney should thoroughly outline every stage of the process and keep you updated.


Why Choose Bautista LeRoy LLC?

Bautista LeRoy Law Firm's dedicated legal professionals have years of experience defending injured clients with commitment, providing expertise while working toward finding a satisfactory resolution. Our firm has extensive knowledge of local liability laws. We have successfully litigated against municipalities and property owners.

We take great pleasure in upholding our clients' rights - from initial consultation through resolution. Our attorneys' negotiation skills have resulted in substantial settlements and we're fully capable of taking any case to court if necessary.


Suggested Action Steps

  • Even if the injury seems minor, seek medical care immediately.
  • Document the scene by taking pictures that clearly show a sidewalk defect.
  • Find and obtain contact details of witnesses.
  • Report your issue to the city, property owner and any other appropriate parties.
  • Assure the protection of your rights by consulting an experienced personal injury attorney.
  • Track medical costs, lost wages and out-of-pocket expenses.

Accidents due to sidewalk defects can be both physically and financially devastating. Hire a personal injury attorney to investigate the causes and who might be at fault for an accident. Contact us today at 833-381-6589 or send us an email on our Contact Page. Serving St. Louis and the surrounding areas of Boone County and Benton County.


Summary

Sidewalk defect accidents often result from hazards such as tree roots, weather damage, poor construction, heavy foot traffic and water exposure. These issues can create dangerous conditions that may cause serious injuries. Determining liability depends on the location and governing laws. In many cases, municipalities are responsible for maintaining public sidewalks, yet proving their negligence requires showing that they knew or should have known about the defect and failed to act. Notice-of-claim requirements also apply, meaning injured parties must notify the city within a limited time frame or risk losing the right to compensation.

In some situations, adjacent property owners may be liable, especially when defects occur near their businesses or result from their actions, such as landscaping or construction. Commercial property owners carry a greater duty of care since their premises are open to the public.

Hiring a skilled personal injury attorney ensures proper investigation, identification of the responsible party and effective negotiation or litigation. Acting quickly preserves evidence and meets strict deadlines. When choosing representation, look for expertise in personal injury cases, strong results and clear communication.

Bautista LeRoy LLC has extensive experience handling sidewalk defect cases in St. Louis and Southern Illinois. Call 833-381-6589 or visit our Contact Page for guidance.

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