When sidewalks become slip & fall traps, they may injure pedestrians and others who could hold the city accountable through a municipal negligence claim. For example, uneven walkways can cause injuries, especially for older adults and people with disabilities. Service requests from residents, city work orders, and inspection or maintenance records are some types of evidence you can use to show that the city knew, or should have known, about a sidewalk hazard.
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Call Ankin Law at 312-600-0000 for guidance on city liability for a sidewalk injury in the Chicago area.
Who Is Responsible When You Fall on a Chicago City Sidewalk?
Chicago itself generally is responsible for sidewalk safety. In some cases, adjoining property owners are responsible, especially in situations involving unshoveled snow or ice. Whether to file a sidewalk injury claim against the city or a private party may depend on where and how the accident occurred. For example, if you trip on a large crack or hole in a city-owned sidewalk, your claim may fall under municipal negligence. If an unsafe condition, such as runoff water from a business, contributes to your fall, the property owner may share liability. A slip and fall lawyer can identify the responsible party or parties.
Common Sidewalk Hazards That Lead to Slip and Fall Injuries
Weather, age, and heavy use can make sidewalks dangerous without proper maintenance. Common conditions that turn sidewalks into slip & fall traps include:
- Uneven pavement
- Cracks and holes
- Ice and snow
- Poor drainage
- Loose debris or construction materials
- Missing or damaged grates and utility covers
Overall, Chicago is home to more than 4,000 miles of streets and 1,900 miles of alleys. The Chicago Department of Transportation also builds and maintains hundreds of miles of sidewalks each year.
When a sidewalk hazard causes an injury, immediate action is important. A Chicago sidewalk slip and fall lawyer experienced in fall accidents on government property can help document the hazard, preserve evidence, and guide you through the city’s claims process.
How to Prove Municipal Negligence in a Sidewalk Accident Claim
For municipal negligence claims, you should show that a city’s inaction or carelessness directly caused your injuries. In Illinois, the elements of a slip and fall claim typically include duty of care, breach of duty, causation, and damages. In establishing a duty of care, you show that the city owed a duty to maintain sidewalks in a reasonably safe condition for pedestrians.
Breach of Duty
In demonstrating breach of duty, you show that the city failed to uphold its duty of care by neglecting known or obvious hazards. Perhaps there were prior 311 complaints, service requests, or maintenance reports about the broken or uneven sidewalk, but the city made no repairs.
Alternatively, the defect could be visible and longstanding, maybe a large crack or raised concrete slab, and have existed long enough that city inspectors reasonably should have discovered it during routine maintenance.
Causation
In the causation element of a claim, you prove that the city’s negligence directly caused your injury. Doing this often involves documenting the scene right after the fall to show the condition of the sidewalk.
Use medical records to support your case. Emergency room reports, doctor’s notes, and treatment records should document the timing and nature of your injuries and support the assertion that your injuries stemmed directly from the sidewalk hazard.
It helps to show that you were acting reasonably, such as wearing proper footwear, paying attention, and walking normally, to counter any claim that your negligence caused the fall.
Physical, Emotional, and Financial Damages
Damages are another element of proving a claim. They involve showing that you suffered physical, emotional, or financial harm as a result of the injury. For physical damages, medical records and bills are the strongest proof. They show the nature and severity of your injuries, such as broken bones, sprains, or head trauma, and the cost of treatment.
For emotional damages, you can use mental health records, therapy notes, and personal testimony describing anxiety, depression, or fear of walking in public areas after the accident. Statements from family or friends about changes in your mood, confidence, or quality of life can also support these claims.
Regarding financial damages, pay stubs and employer statements can document lost wages or missed work due to your injuries. Receipts and invoices for out-of-pocket expenses, such as transportation to medical appointments, home modifications, and medical equipment, show financial impact. If the injury affects your long-term earning capacity, an economic expert can project future losses.
Deadlines
Under Illinois law, you generally must file a notice of claim with the city within one year of the accident. Failing to do so can result in your case being dismissed before it reaches court. Working with a Chicago personal injury lawyer can make a difference. Your attorney can also negotiate with the city’s legal department or pursue litigation if the city refuses to accept responsibility.
An attorney can determine whether your injury occurred on public or private property, ensure your claim complies with Illinois’s Tort Immunity Act, and calculate your full damages, including medical bills, lost wages, and pain and suffering. Ankin Law can help in the Chicago area. Contact us today.
FAQs About Sidewalk Slip & Falls
Can I sue the city for a slip and fall accident on a public sidewalk?
If you can prove the city was negligent in maintaining the sidewalk and that the defect directly caused your injuries, you can sue for a slip and fall accident.
How long does a city have to fix a sidewalk defect before becoming liable?
There is no fixed time limit, but the city becomes liable for a sidewalk defect once it has actual or constructive notice of the defect and fails to repair it within a reasonable period. What counts as “reasonable” depends on the circumstances and evidence of prior reports.
What evidence do I need to prove the city knew about a dangerous sidewalk condition?
Evidence may include prior citizen complaints, inspection or maintenance records, and witness statements showing that the defect existed long enough for the city to have known about it.
