How Often Do Poorly Maintained Sidewalks Lead to Pedestrian Accidents?
As winter approaches, you take precautions. You need to ensure the pipes are wrapped to prevent them from freezing. Make sure you have good snow tires and a scraper for the windshield.
One of the most important ways to prepare for winter is to ensure you have a good pair of shoes that help you navigate icy sidewalks. Whether you’re just walking in from the parking lot at the Peru Mall or heading over to the Riverfront Bar & Grill for dinner, you want to make sure you don’t take a fall.
Unfortunately, winter is not the only time you’ve got to be careful when walking on sidewalks and across parking lots. You need to be cautious anytime you are walking anywhere outside the house. A trip on a poorly maintained sidewalk can lead to serious injury and significant financial burdens.
You might think that type of accident is entirely your fault. However, the property owner, who left the sidewalk in disrepair, could be held liable.
Suppose this is a scenario you’re currently involved in. In that case, you should consult with a qualified pedestrian accident lawyer in Peru, such as the team at Schweickert Ganassin Krzak Rundio, LLP. We have helped many clients hold landlords, property management companies, and owners responsible for pedestrian accidents.
How Common Are Sidewalk Accidents?
When you hear the words “pedestrian accidents,” you probably think about accidents involving people crossing the street and being hit by a car. That is not the only way pedestrians can get hurt. According to a study published by the National Library of Medicine, 129,343 injurious falls occurred during the study period.
Of that number, 32% of pedestrians were struck by motor vehicles that required emergency medical services. Additionally, 20% of pedestrians were injured in falls that required emergency medical services.
The report concludes that there is a significant amount of attention devoted to improving safety for pedestrians involved in vehicle accidents, but less attention is paid to sidewalk falls.
What Are the Causes of Hazardous Sidewalks?
Bad weather is the primary cause of hazardous sidewalk conditions. Snow and ice are extremely hazardous. When a sidewalk freezes and then thaws, it can lead to cracks in much the same way that potholes on roads are formed. Even rain can cause a problem if it makes a sidewalk slick.
Tree roots that grow under a sidewalk can cause it to buckle or crack. These create problems for pedestrians and cyclists. That condition is more prevalent in suburban areas. There can also be a certain amount of settling of the foundation under that can cause a sidewalk to shift and crack. These are not conditions that develop overnight.
In other words, a buckling or cracked sidewalk that leads to a trip and fall should be known to the property owner.
Who Is Liable for a Dangerous Sidewalk?
Commercial property owners have an obligation to maintain the sidewalks in front of their properties. That means regular inspections and repairs for any uneven surfaces, cracks, and other obstacles that could cause a pedestrian to trip and fall. That obligation extends to the entire sidewalk that is within the confines of the property lines. It also means maintaining a parking lot that’s also part of the property.
If a commercial property owner or residential homeowner fails to maintain the sidewalk in front of their property and a pedestrian is injured as a result, those property owners can be held accountable for the injuries.
To prevail in your claim, you need to prove that the property owner was negligent in their obligations to maintain the sidewalk. After a snowstorm, many property owners will shovel their sidewalks or put down salt to melt the ice. Those actions imply they are aware of the potential hazards.
The same holds true for cracks and buckles in the sidewalk. In other words, if the property owner or any occupant of the building wants to address those hazards, they are aware of the problem. You and your attorney can establish the length of time the hazard has existed and review the maintenance and inspection reports to verify the inaction.
The Approach to Take for a Sidewalk Accident
When a poorly maintained sidewalk causes you to fall and hurt yourself, you are entitled to be compensated. The amount of compensation depends on the severity of your injuries, how long the recovery lasts, and if you require any ongoing physical therapy. The lawyers at Schweickert Ganassin Krzak Rundio, LLP have helped many clients who have been injured due to a property owner’s negligence.
Our goal remains to remove the burden of filing a claim and fight for our clients to get what they’re entitled to.
To find out if we can assist in your sidewalk accident claim, call for a free case review.
