Have you been injured while walking on a defective sidewalk in Indianapolis? Personal injuries that occur due to defective sidewalks can cause serious injury. Property owners and municipalities must keep sidewalks free of defects which present an unreasonable risk of harm. Accidents on sidewalks can be caused by other pedestrians, bicyclists, or uneven, cracked sidewalks. People often experience an injury due to icy or wet conditions on a defective sidewalk. At Rob King & Associates, Trial Lawyers, we have the necessary experience to hold property owners, municipalities, and other entities accountable when their negligence results in an injury.
How To Determine Responsibility?
The first step to determining responsibility for a defective sidewalk injury case is to determine whether someone was negligent. Negligence is defined as the failure to use reasonable care. In a court of law, care is defined as what an ordinary person would do in similar circumstances. Property owners and municipalities are obligated to maintain sidewalks in a reasonably safe condition.
When you are injured by a defective sidewalk and take action against the owner, you must prove:
- The owner had control of the land;
- The defect created an unreasonable risk of harm to pedestrians; and
- The defendant had knowledge of the defect and failed to take appropriate action within a reasonable amount of time.
Property owners and municipalities are not automatically at fault in defective sidewalk injury cases. Sometimes various parties that can be partially or entirely at fault depending on the circumstances of the case.
The following four elements help an experienced Indianapolis attorney determine whether a landowner was negligent:
- Legal duty: the property owner or municipality has a duty to maintain reasonable care of all sidewalks.
- Breach of duty: The plaintiff suffered harm due to the breach of duty by the defendant.
- Cause: The harm was directly caused by the defendant’s failure to use reasonable care.
- Damages: The accident lead to injury or damages such as medical bills, pain and suffering, and trauma.
Schedule A Free Consultation
Our team at Rob King & Associates, Trial Lawyers is ready to answer any questions you may have about an injury you sustained from a defective sidewalk in Indianapolis. Contact us at (317) 916-0000 today to schedule a free consultation.