A routine walk can quickly turn into an unexpected accident when you trip and fall on an uneven sidewalk. Sidewalk accidents are more common than you might think and can result in serious injuries, trauma, and anxiety. Whether the fall occurred due to cracked pavement, a sudden change in elevation, or poor maintenance, it’s important to know what steps to take next. Seeking medical attention, documenting the scene, and understanding your legal options can make a significant difference in your recovery and potential compensation.
Common Causes of Sidewalk Accidents in BC
Even though British Columbia is relatively temperate, snowy weather does occur. If a sidewalk or parking lot is wet when it begins to snow, that water will begin to freeze. If temperatures drop unexpectedly, mixed precipitation can quickly become hazardous on any surface. You’re not always safe from injury when sidewalks are clear of precipitation and debris either. Slabs of concrete shift over time due to temperature, weather, and soil compression. Essentially, any unmaintained sidewalks can be considered dangerous premises.
Who Is Liable For a Sidewalk Injury?
In British Columbia, sidewalk slip and fall cases are governed by the Occupiers Liability Act, which holds property owners responsible for maintaining reasonably safe property conditions, including sidewalks. However, injured parties have the tough task of proving negligence. In cases of sidewalk accidents, this means:
- The property owner knew (or should have known) about the hazardous condition.
- They failed to fix the issue within a reasonable timeframe.
- The injury was a direct result of the unsafe sidewalk condition.
Can You Sue the City for Falling on the Sidewalk?
Victims may be able to sue a city if they were injured due to a poorly maintained sidewalk, but pursuing a claim against a municipality comes with unique challenges. Cities and other local governments are responsible for maintaining sidewalks in front of their property. So, if a victim sustains an uneven sidewalk injury in front of a municipal building, they may have a valid claim. To file a claim, the victim must prove the city was negligent: that is, it knew or should have known about the hazardous condition and failed to repair it within a reasonable time.
Municipal liability cases have stricter deadlines than sidewalk accident cases involving commercial or residential property. Injured parties only have two months to notify the municipality in writing instead of the typical two-year period. Because of these complexities, consulting a sidewalk accident lawyer can help individuals understand legal options and navigate the claims process effectively. To succeed in a claim against a municipality, you must demonstrate that:
- The city was aware of (or should have been aware of) the hazard.
- It failed to take reasonable steps to repair or warn pedestrians about the danger.
- The injury directly resulted from the hazardous sidewalk condition.
When to Contact a Sidewalk Accident Lawyer
If you’ve suffered injuries that resulted in significant medical costs, lost wages, or long-term health issues, a sidewalk accident lawyer can help you determine if you have a valid claim. The team at Stephens & Holman can assist in gathering evidence, negotiating with insurance companies, and pursuing legal action. Get in touch with us today to schedule a free consultation.