Who’s at Fault if I Slip and Fall on a Texas Sidewalk?

Personal Injury Slip and Fall

One can slip and fall on a public sidewalk, or a sidewalk on private property. Land and property owners are required to make sure that the sidewalks in their property are hazard-free, and failing to do this can be considered a civil wrong. According to the Center for Disease Control and Prevention, one out of five falls results in broken bones or head injury.

Despite the high number of sidewalk slip and fall accidents, most victims are unsure who to sue. What’s more confusing, is that we see the City maintaining the sidewalks in front of private property, and many Texas residents wonder who is responsible for their injuries. But a consultation with an Edinburg personal injury lawyer can help ease the confusion.

Who Owns the Sidewalks in Texas?

The first initiative towards determining who is at fault for your injuries is to determine whether the sidewalk where you tripped and fell is public or private. It is worth noting that private sidewalks are the ones located inside a private property. On the other hand, public sidewalks are more common and can separate the streets from private property.

Cities in Texas are responsible for building and maintaining sidewalks to improve accessibility for people with disabilities, create more programs for designated thoroughfares, and school sidewalks. Therefore, such sidewalks belong to the local government, and they would be held responsible if something happens to anyone while using the sidewalks.

However, the government isn’t always responsible for slip and fall accidents on the sidewalks it has built. Sometimes, the government can seek the permission of the property owner to build a sidewalk in high-traffic areas of the privately-owned property. Maintenance of such sidewalks will not be the government’s responsibility but the property owner’s.

How is Liability Proven in a Sidewalk Slip and Fall Accident?

In deciding on the party that was at fault in an accident on a sidewalk, it is never a question of guilt. What matters is whether the responsible party failed to take any action that would have prevented users from slipping, falling, and getting injured.

The injured victim also isn’t free of some responsibility. To successfully prove another person’s liability, you need not have been aware of the damaged sidewalk, and the defect should be the type that users can’t easily notice. Here is what your Hidalgo County slip and fall attorney need to prove:

• The bad condition existed long enough for the government or private property owners to notice, fix it, and prevent accidents.
• The responsible entity knew of the existence of the problem but failed to fix it.
• The liable party created the condition.

Proving liability is a technical process because most defendants won’t accept responsibility without a legal fight. Besides, putting together evidence that can convince the court that you deserve compensation can be quite tasking. That’s why we advise you to work it out with an experienced Texas slip and fall lawyer.

Can I Sue the City for Liability in a Sidewalk Slip and Fall Accident?

The Texas Tort Claims Act gives you the right to sue a municipality for a slip and fall accident on a sidewalk. They can be held liable for premises defects or special defects. The former is applicable for permanent, routine, or long-standing defects. The latter tend to be unusual or unexpected dangers.

If you are suing for a premises defect, your slip and fall attorney in McAllen and Edinburg ought to prove that the City was aware of the condition and danger posed. A road excavation is a good example. If you were unaware of the condition but the City had knowledge of the defect, it would be advisable to sue for special defects liability.

Are There Limits to My Sidewalk Injury Claim?

Once you have established the type of liability you can sue for, you might need to make yourself conversant with the Doctrine of Sovereign Immunity before you proceed. It is a legal principle that many states use to protect their staff and public officers from civil lawsuits.

According to this common law doctrine, people should seek the government’s permission to sue their staff and officers. There are a few situations that allow you to sue this group of people. According to the Texas Civil Practices and Remedies Code, Section 101, you can proceed with such a personal injury claim if:

• An injury or death resulted from dangerous conditions in their personal or real property, and any other private person would be held liable for a tort resulting from similar conditions.
• They injured, killed, or damaged property while driving a government vehicle within the scope of employment.

A slip and fall attorney in Hidalgo County, TX, can evaluate the circumstances of your sidewalk fall and slip injury, and determine whether the Doctrine of Sovereign Immunity limits you. You shouldn’t risk investing your resources in a civil lawsuit that is bound to be thrown out in court.

What are the Notice Requirements for a Claim Against a City in Texas?

The requirements for filing a personal injury claim against a public entity are different from the process of filing against an individual.

Some of the notice requirements to take note of include:

• Providing names and addresses of the witnesses
• A notice showing the extent of damages, the date of filing, the street number of the place you have lived for a minimum of six months
• A notice providing information on how and where the injuries occurred
• The notice must be filed within 90 days of sustaining the slip and fall injury on a sidewalk.
• The city council and mayor should also be notified in writing.

Delays in providing the notice can exonerate the City and its mayor from any liability. Also, failure to file the lawsuit within two years might see you barred from claiming compensation.

Hidalgo County Injury Attorneys Helping Victims Recover a Deserved Compensation

Knowing exactly who to sue for your injuries is the first step towards a successful personal injury claim. The right attorney can blend their deep knowledge of Texas law and your unique encounter to brew the best possible outcome.

Victims of sidewalk injuries can recover full compensation from the government or other private property owners. But you need a well-crafted strategy to get them to pay up. Call us today and let our slip and fall attorneys help you seek fair compensation for your injuries.