Can you sue if you fall on a city sidewalk?

When pedestrians fall and are injured on municipal sidewalks one of the first questions they ask is: can I sue the city for my injury? The answer depends on that particular state's personal injury laws. In the case of an injury arising from municipal neglect, the plaintiff has the burden to prove that the city is liable for his or her injury. The decision to file a lawsuit also depends on the severity of the injury.

Determining Liability

If you do decide to pursue a lawsuit against your city, you must be able to prove that your injury is serious enough to seek compensation as well as the city's liability.  When a pedestrian slips and falls on a city sidewalk that is somehow defective, most ordinances provide that the city is liable as it is responsible for proper maintenance and repair of its streets and roads.  However, note that some sidewalks may not actually be city property but belong to adjoining businesses or homes. Therefore, you must prove that the sidewalk belonged to the city, that the city had a duty to maintain the sidewalk for safe passage, and that the sidewalk was defective and therefore evidence that the city failed in its duty.

Filing a Suit Against a Municipality

When suing a municipal or governmental entity most times you are required to present a special notice.  One such notice is a "Notice of Claim."  Generally, you must serve this notice within 90 days of your injury and the notice should include the following information:

• The name and address of the claimant
• The name and address of your legal counsel
• The nature of your claim (in your case, a slip and fall)
• The time and place of the occurrence
• The exact location of the occurrence
• The manner in which the event occurred (in some states and cities, if you contributed to your fall, such as running on a slippery surface, this may impede your suit or reduce your damages)
• A list of your injuries and the damages claimed

Talk with an attorney to determine the viability of your case.