Sidewalk Injuries: Who Should Be Held Accountable?

Cracked, broken sidewalk which is a hazard that could cause an injury that falls under premises liability Sidewalk injuries can occur suddenly, turning a routine walk into a painful and costly ordeal. Whether caused by uneven pavement, ice, or debris, these accidents often lead to serious injuries, medical expenses, and emotional distress. Determining who is responsible under premises liability laws can be complex, but understanding your rights is essential. 

McPhillips, Fitzgerald & Cullum LLP has proudly served clients in the Greater Glens Falls region since its establishment in 1911, making it the region’s oldest law firm. With Martindale-Hubbell’s highest rating of AV, our determined, knowledgeable, and experienced attorneys have the resources and skill to vigorously represent your interests in sidewalk injury cases, ensuring you receive the support and advocacy you deserve.

Common Causes of Sidewalk Injuries

Sidewalk injuries frequently result from hazardous conditions that proper maintenance could have prevented. Some common causes include:

  • Uneven pavement or cracks
  • Potholes or crumbling concrete
  • Ice, snow, or standing water
  • Tree roots lifting pavement
  • Obstructions or debris
  • Inadequate lighting at night

Who Is Legally Responsible?

Determining liability for sidewalk injuries involves several factors, including location, ownership, and local laws. Municipalities are often responsible for maintaining public sidewalks, but this varies by location. In Glens Falls and Chestertown, New York, local laws may place liability on homeowners or businesses if sidewalks are adjacent to their property. In Miami Shores, Florida, similar ordinances may apply.

Private property owners, including businesses, are generally held accountable under premises liability laws if negligence is proven. A property owner might face legal liability if they were aware of—or should have been aware of—a dangerous condition and failed to take appropriate action.

Construction companies or contractors might also be liable if their negligent work created unsafe sidewalk conditions. Additionally, homeowners associations in private communities could bear responsibility for injuries that occur on sidewalks within their jurisdiction.

What to Do After a Sidewalk Injury

Taking the right steps after an injury is crucial for protecting your rights:

Get medical attention promptly, even if your injuries seem minor.

  • Take photos of the hazardous condition at the accident scene.
  • Report the incident promptly to the city authorities or property owner.
  • Gather contact information from any witnesses present.
  • Contact a personal injury attorney to discuss your legal options.

How a Personal Injury Attorney Can Help

Navigating sidewalk injury claims can be challenging without legal assistance. An attorney experienced in premises liability will investigate your claim, determine who is liable, and advocate for your rights. They will assemble evidence, manage interactions with insurance companies, and advocate strongly for compensation for medical treatment, missed work, and your physical and emotional suffering.

Get the Legal Help You Need in New York or Florida

Don’t wait to seek legal guidance if you or a loved one suffered a sidewalk injury. Contact McPhillips, Fitzgerald & Cullum LLP today to schedule a consultation and discuss your case. 

For clients in Glens Falls or Chestertown, New York, call 518-792-1174. For clients in Miami Shores, Florida, please call 305-751-8556. Our experienced attorneys are ready to help you pursue the justice and compensation you deserve.

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