If you sustained injuries from a cracked, uneven, or otherwise damaged sidewalk in Pennsylvania, you may be wondering about your legal options, including whether or not you have the right to sue. Property owners and government entities have a duty to maintain safe walkways, but determining liability can be complex. For more information and to obtain the help of an experienced legal professional, continue reading and contact a York County, PA premises liability attorney today.
What Are Common Sidewalk Hazards?
Common sidewalk hazards that can lead to serious slip, trip, and fall injuries in Pennsylvania include a variety of maintenance failures and environmental factors, including:
- Uneven surfaces: This is often caused by tree roots growing beneath the sidewalk, ground shifting, or poor construction, creating dangerous height differences.
- Cracked or broken pavement: Large, deep cracks or crumbling sections can snag a person’s feet or cause instability.
- Potholes and depressions: Sunken areas where water can pool, or holes large enough to cause a sprained ankle.
- Missing or displaced bricks/pavers: Gaps or loose materials in the walkway.
- Ice and snow: Failure of the adjacent property owner to clear these elements in a timely manner is a common cause of accidents.
- Wet leaves or debris: These can create extremely slippery conditions.
- Poor lighting: Inadequate lighting, especially at night, can prevent pedestrians from seeing hazards and defects.
- Construction debris or obstructions: Items left carelessly in the path of travel.
These hazards may demonstrate a failure in the duty of care owed by the responsible party, whether a private property owner or a municipality.
Can I Sue for Injuries Caused by a Damaged Sidewalk in PA?
Yes, you generally can sue for injuries caused by a damaged sidewalk in Pennsylvania, but your ability to successfully do so depends on who is determined to be the liable party and the specific circumstances of the injury.
In Pennsylvania, the legal responsibility for sidewalk maintenance often falls to the adjacent property owner. This means a homeowner or business owner may be held liable if their negligence in maintaining the sidewalk directly caused your injury. For example, if they ignored a known, substantial crack or failed to clear ice and snow in a reasonable time, they could be sued under premises liability law.
However, if the adjacent building is government-owned or if the municipality created the hazard itself and failed to correct it, the municipality might be liable. Suing a government entity, though, is much more difficult due to the doctrine of sovereign immunity. You must navigate strict requirements, including a six-month notice period for filing a claim in addition to the standard two-year statute of limitations, and your case must fall within specific exceptions to immunity.
To win a sidewalk accident claim, you must be able to prove that the responsible party knew or should have known about the dangerous condition and failed to fix it, and that this failure was the direct cause of your injury. Consult with an attorney for help in determining the liable party and navigating the complex legal process.
