Every case is different, but if you get injured in a slip-and-fall accident on one of the public sidewalks within city limits you may assume that you have the right to sue the city over your injuries. This is not guaranteed though, and there could be a different liable party or even multiple liable parties that must be held accountable for your accident and injuries. A Monmouth County slip and fall lawyer from our firm can help you figure out the best path forward.
When Can the City Be Sued for Accidents on Public Sidewalks?
The city can be sued for accidents on public sidewalks whenever the city is actually in charge of maintaining said sidewalks. If the city is supposed to keep these walkways safe, they should be on the hook when they cause dangerous situations and injuries to pedestrians.
Some smaller cities and municipalities handle sidewalk maintenance themselves, but some put private residents and businesses in charge of them. So a company may be responsible for clearing the sidewalk of snow and ice after a storm if that sidewalk is right in front of their building and the city does not take care of such things.
Many cities in New Jersey do handle sidewalk safety and maintenance themselves though. If you are suing a city over your injuries and accident it is important to know how this process can differ from a lawsuit filed against a private entity.
How Long Do I Have to Sue the City?
There is a statute of limitations for personal injury cases in New Jersey. The plaintiff has two years to file and get the legal process started. However, anyone suing a city has a much tighter deadline. You must submit a claim to the city within 90 days. You must tell the city when and where the accident occurred and what kinds of injuries were sustained. Miss this deadline and you miss your chance to pursue compensation.
Can I Be Blamed for My Own Injuries From Public Sidewalks?
The city might try to argue that you were partly responsible for your accident. This is because New Jersey uses modified comparative fault laws, meaning that you can only recover damages if you are not more than 50% at fault for your own accident. If the city can try to blame you for your own accident in order to escape liability, it will.
Do I Need a Personal Injury Lawyer?
Having a personal injury lawyer on your side can be helpful in a case like this. Your attorney can:
- Gather evidence
- Defend you from accusations of fault or wrongdoing
- Calculate fair compensation
- Handle all communicating on your behalf
- Keep track of important deadlines and court dates for you
Meet With Our Legal Team
So if you think that you may have a case against the city, reach out to Falcon Law Firm, LLC. We can schedule a consultation and take a closer look at your claim. Then we can help you fight for the compensation that you deserve.