Did You Slip and Fall on a Denver Sidewalk? Who’s Responsible for Your Injuries?
According to a Denver Post article, members of the City Council have been discussing a serious problem that’s been plaguing a number of area neighborhoods for a while: unmaintained or missing sidewalks and the risks associated with them — namely slips/trips and falls.
Throughout the city, the safety of pedestrians is of great concern, as there are either no sidewalks available or many of the existing sidewalks are in disrepair. This can make it difficult for individuals in wheelchairs, as well as pedestrians since they are essentially forced to use the streets to travel.
There are miles and miles of streets in Denver that are missing sidewalks altogether, and even more neighborhoods that have sidewalks that are cracked and aged. Such conditions can lead to a variety of incidents ranging from pedestrians being hit by automobiles while walking in the street to slip/trip and falls due to improperly-maintained sidewalks. If you or someone you love has been hurt, contact a Denver injury lawyer as soon as possible to discuss your legal options.
Who Can Be Held Legally Responsible?
The answer to this question depends on a number of variables. In general, property owners are typically responsible for the construction and maintenance of sidewalks. That said, such owners could face lawsuits from injured victims seeking to hold the homeowner or property owner liable for a slip/trip and fall incident that occurred on a cracked sidewalk.
In some instances, however, the city may bear some responsibility. The article noted that cost has been a huge issue with respect to repairing city sidewalks — which is likely why so many areas are in disrepair. Still, if the city agreed to fix the sidewalk on which a pedestrian fell and sustained injuries, it could be held responsible.
Proving Your Case
If you or someone you love does sustain injuries from a slip/trip and fall on a sidewalk or elsewhere, it is important for you to understand how to prove your case. There are a few things that must be demonstrated in order to be successful.
First, the injured party must demonstrate that the property owner/operator was responsible for the hazardous condition that led to the incident and injury that occurred. Harmed parties must also show that the owner/operator knew (or should have known) that the condition existed — yet, he or she failed to resolve it.
Other issues that often arise in slip/trip and fall cases relate to the status of the individual who was hurt. Was he or she an invitee, licensee or a trespasser? Invitees have generally invited guests, such as customers at a store, restaurant patrons or anyone visiting (with the landlord’s permission) for business purposes. Licensees are those who visit a property for non-business purposes (in this instance, think social guests). Trespassers are individuals who are on someone’s property without their consent and/or knowledge and therefore they do not enjoy any stated or implied protections from the owner/operator.
All slip/trip and fall cases are different and they have different sets of circumstances that will need to be handled by a skilled lawyer. At Levine Law, our injury lawyers are prepared to help you obtain the just compensation you deserve for your injuries. Contact our office today.