Is a City Liable for Slip and Falls on Public Streets?

A slip and fall case is a common type of tort action in which a plaintiff sues as a result of injuries he sustained when he fell. Generally, the defendant must have been negligent in creating the situation that caused the plaintiff to fall. For example, having improperly maintained property, poor steps, or a slippery floor with no warning sign may all be examples of situations that would subject a person or entity to liable for a slip and fall.  However, what if the place where you fell was a public location? For example, is a city liable for slip and fall injuries on public streets?

City Liability

When you sue a city, you are essentially suing the government. As such, different rules may apply if you need to sue the city for a slip and fall. Some states, for example, require you to file notice of your intent to file a lawsuit. This is mandated before you can actually file the lawsuit itself.  In addition, you may have a shorter time limit or statute of limitations in which to file your lawsuit.

Your damages may also be limited if you decide to sue the city and try to make the city liable for slip and fall on public streets. In some jurisdictions, your damages will be limited to recovery for your actual losses- such as medical bills and lost wages. Additional recovery or damages for pain and suffering, emotional distress and other such damages may be precluded.

Proving Your Case

If you decide to sue the city, in addition to complying with all the specific requirements, you also need to fulfill the elements of the cause of action. That means you need to prove that the city breached a legal duty to you.

The extent of the duty depends on your classification in the eyes of the law. For example, if you visit a business, that business benefits from your presence and (presumably) has invited you in. As such, your status would be that of invitee and the business has the utmost responsibility to ensure the environment is safe.

On the other hand, if you go to your friend’s house for dinner and no business is done, even though you received a formal invitation, you are not an invitee. You are a licensee and a lesser duty of care is required; for example, it is OK to warn licensees of dangers and not actually fix the danger.

Your case may thus hinge on whether you were considered an invitee or licensee. Most commonly, you will be treated as an invitee. This means the city will have a duty to make sure the public streets and area are safe for you, or to warn you of dangers. If they fail, they may be able to be held liable if you can prove that failure caused your injury.

Finding Legal Help

If you wish to sue the city to make the city liable for a slip and fall on a public street, you should hire an attorney who is experienced in negligence and personal injury lawsuits against the government. The attorney can help you to prove the elements of your case so you can recover.