Can I sue a city for negligence? I fell on a crack in the sidewalk?

The majority of local governments have followed the footsteps of the federal government and waived immunity against personal injury lawsuits. However, to be liable, the plaintiff must prove that the government acted negligently in their behavior. It is also important to note that the amount of liability a city can be liable for is usually limited by statute. Therefore, due to these maximum award limitations, the total compensation an injured party receives for his injury could be significantly less than anticipated.

To recover for an injury from falling due to a crack in the sidewalk, the plaintiff must demonstrate that the city was negligent in their care or repair of the public walkway. The walkway – i.e. the sidewalk – is government property because it is open to the public; as such, the city has the responsibility to maintain it in a safe manner.

A relatively slight crack in a sidewalk will be insufficient to make the city liable for injuries. Because sidewalks are known to crack and because fixing every crack in the sidewalk is almost impossible, slight cracks will not impose liability on the city. The crack that causes the injury must be severe and somewhat concealed from view. It is helpful, too, if it can be proven that the city knew of the danger and yet failed to make repairs.

Obtaining Legal Representation

If you were injured on a city sidewalk and want to recover for your damages, seek legal advice. An attorney will review the facts of your case and discuss with you whether the city can be held liable for your injuries.