Q: If I tripped where I live over a sidewalk that was lifted and broke my nose and more, could I sue?
I also had severe nerve damage and just had surgery. The Apartments know about my nose only through people. What do I do?
A: Yes, if there was a dangerous condition on the apartment complex property, you can sue for your injuries caused by that condition. Contact a personal injury lawyer on Justia. Consultations are typically free.
This can be a good case. It depends on the sidewalk. Sometimes, they are lifted only a little bit, and the property owner isn't liable. Sometimes, the defect is "open and obvious". Sometimes, the victim is very familiar with the sidewalk and the defect before the injury.
I would suggest that you take photographs of the sidewalk defect (from a distance and close up) and that you contact a personal injury attorney to discuss. Your injuries are significant enough that someone will want to help you. Consultations are free.
A: If the landlord was aware (or should have been aware) of the dangerous condition they have a legal duty to fix the sidewalk. Take pictures of your nose while swollen and discolored for a future claim. Take pics when your nose is at its worst. Take pics of the dangerous sidewalk with a ruler or tape measure to establish the depth of the broken sidewalk. Contact a personal injury attorney. We all provide free consultations and many of us practice throughout the state.
Yes, you can sue, and you should contact an experienced attorney as soon as possible. Trip and fall cases are some of the most difficult cases to successfully prosecute, which means you need the right lawyer to represent you.
Some of the key factors are (1) how much is the sidewalk lifted (typically, looking for at least 3/4" height differential), (2) lighting conditions (e.g., day, dusk, night (lighting), (3) other conditions, e.g., dirt, brush, leaves, which obstructed your view of the defect, (4) were you disabled before the incident, e.g., musculoskeletal problems, vision problems, etc.?, if so, there may be ADA violations, and (5) who owns (landlord or city/county) or controls (landlord) the sidewalk to name a few.
An experienced attorney will able tell you the strengths and weakness of a trip and fall case, which they will need to hire a consultant to gather evidence, e.g., take measurements, photographs, and your attorney also needs to determine who owns or controls the sidewalk - this is critical to determine as soon as possible because you would have 6 months from the date of the incident to present a governmental claim to preserve your rights to sue that governmental agency.
Again, trip and fall incidents on sidewalks can be quite complex, so get a free consultation with an experience attorney, who has to least 20 years experience, which they have represented both plaintiffs and defendants, because they can give you insights, guidance and best opportunity for a successful resolution for you.
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