Sidewalk Slip and Falls: Who is Responsible?
Have you ever been walking down a residential street on a sidewalk in the winter that no one has bothered to shovel? Your first thought might be to shake your fist at the homeowner or business that this section of sidewalk is in front of, but the truth of the matter is, when it comes to who is legally responsible to you, it is the city or town’s responsibility to clear the sidewalk of snow and ice.
It has been long established that the city, town, township, or village owns not just the road you drive on, but a certain number of feet up onto what most people would consider private property. This includes sidewalks. It also includes the bottom of your driveway.
What to do?
If you are injured in a slip and fall on snow and ice, what you want to do first is get yourself to safety and to seek medical attention right away. That might be the hospital, your family doctor, or even a walk-in clinic. It is very important to obtain medical attention right away.
If you or anyone that comes to your assistance is able, take several photographs of the area. You will need these later.
If you fall because of snow and ice that has accumulated on a sidewalk, the next thing you should do is put the municipality on notice right away. You might have as little as 10 days to advise the municipality that you fell. You will have to give very specific details about exactly where you fell for the notice to the municipality to be in compliance with this notice requirement.
What About Local Bylaws?
The other thing to remember is that, for good or bad, right or wrong, the homeowner or business adjacent to that section of sidewalk is not legally obligated to clear the snow and ice. Even if there is a local bylaw in place that requires the homeowner or the business owner to clear the snow and ice, that is a matter between the municipality and the property owner. However, in a lawsuit, you do not include the homeowner. You name the municipality. Often, the municipality will have hired a (hopefully) reputable company to carry out the street and sidewalk clearing. Once you put the city or town on notice, they very frequently advise you the name of that contractor, or even subcontractor and they are added to the Statement of Claim in the event that you sue for your injuries.
Get In Touch When In Doubt
If you are not sure whether your slip and falls accident is something that you can commence a lawsuit over, contact a personal injury lawyer right away. All reputable personal injury firms will talk to you free of charge and with no obligation.
Learn what your rights are and then make a decision as to how you want to move forward.
