Who does someone sue after falling down on an icy sidewalk and being injured? Who is responsible for the injury and the financial compensation? It mainly depends on who owns the property, although it also may depend on the injured person’s level of responsibility in the circumstances. A personal injury attorney in Murfreesboro, TN can help someone sort out these issues during a free consultation.
Normally, an injury that occurred on a residential sidewalk would be compensated by the property owner’s home insurance. If the sidewalk were owned by a commercial entity, their liability insurance would typically cover the expenses. If the sidewalk were a public one owned by the municipality, then the municipality is generally responsible. However, some municipalities have rules in place making them immune from lawsuits in these types of occurrences.
These legal aspects are categorized under the concept of premises liability. Property owners are expected to keep the premises safe for people who set foot there. That includes knowing when freezing rain is predicted and responding to the situation with ice-clearing measures on walkways, parking lots, and exterior stairs.
The injured person’s alleged carelessness may lead the insurance company to deny the claim. A personal injury attorney in Murfreesboro, TN becomes especially important when this happens. If the insurer has found witnesses who saw the individual staring at a cell phone instead of looking at the sidewalk, this may be construed as carelessness. If the person was running down the sidewalk instead of being careful, this might be seen as reckless.
Another situation might involve a freak ice storm that wasn’t predicted and swept through the area suddenly. It may be argued that the property owners couldn’t have known what was going to occur and were unable to respond promptly. Homeowners who are gone to work all day may have no way to clear ice from the sidewalk in this type of incident.
A firm such as the Law Office of Gritton & Gritton PLLC is ready to provide legal representation for people injured after slipping and falling due to adverse weather conditions. Click here for more details.
