Slips and falls are frequent causes of injuries, and sidewalks are a common location for these accidents. In Connecticut, municipalities have the primary duty to maintain public sidewalks in a reasonably safe condition. However, there are circumstances in which the owner of adjoining property can be held liable to pay damages to injured pedestrians.
Examples of sidewalk hazards that can cause pedestrian accidents are cracks, potholes, crumbling patches, uneven slabs and accumulated water, snow or ice. In order to recover damages from a municipality for a sidewalk slip and fall, the injured pedestrian must show the following:
The municipality had a duty to maintain the sidewalk in a safe condition.
The municipality breached that duty by failing to repair a known defect.
The pedestrian's fall was caused by the municipality's breach of duty.
The pedestrian suffered damages as a result of the fall.
However, municipalities are not liable for every accident that occurs on a public sidewalk. For example, if a pedestrian slipped on ice that formed overnight, that would likely not be considered a known defect. But if the accumulation of ice had lasted for several days and the municipality failed to take action to remove it, that may be a ground of liability.
In some cases, the owner of adjoining property may be held liable for a slip-and-fall accident on a public sidewalk. This can happen in the following circumstances:
The property owner created the dangerous condition that caused the fall. For example, if the property owner accidentally spills water on the sidewalk and it freezes overnight, the property owner may be liable.
The property owner has a special duty to maintain the sidewalk. For example, if the property owner has a driveway that crosses the sidewalk, the owner is responsible for maintaining the sidewalk in a safe condition at the point of crossing.
The municipality has an ordinance that places liability for sidewalk maintenance on adjoining property owners.
If you are injured in a sidewalk slip-and-fall accident, the first thing you should do — provided you are able — is to photograph the hazardous condition. Then, you should seek medical attention at a hospital or trauma center.
Next, contact an experienced pedestrian accident attorney, who can help you investigate the accident, gather evidence and file a claim against the appropriate party. If you are successful in your claim, you can recover damages for your medical expenses, lost wages, pain and suffering and other losses.
The lawyers at Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden and East Haven represent people injured on Connecticut sidewalks and roadways. To schedule a free consultation, please call 203-745-0942 or contact us online.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
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