A broken or uneven sidewalk can cause serious injuries when cracked concrete, missing sections, height differences, or unrepaired damage creates an unsafe walking surface. If you were injured in a sidewalk fall in Chicago, determining who controlled the sidewalk and who was responsible for its condition is an important first step.
Call a Chicago slip and fall attorney today at (312) 701-0090.
What Made the Sidewalk Dangerous?
The condition that caused your fall must be identified and documented to establish negligence. Dangerous sidewalk conditions can include:
- Raised or sunken concrete slabs.
- Large cracks or holes.
- Crumbling pavement.
- Missing sidewalk sections.
- Poorly completed repairs.
- Construction damage.
- Tree roots that push concrete upward.
- Unmarked changes in elevation.
Measurements and photographs can become especially important. A repair made after your accident may eliminate the physical condition that caused you to fall.
Who Is Responsible for a Broken Sidewalk?
Responsibility depends on where the sidewalk is located, who was in charge of maintenance, and what caused the defect. A claim may involve a private property owner, business, contractor, property manager, municipality, or another party responsible for maintaining the area. A privately maintained walkway outside an apartment building or commercial property can raise different legal issues from a public sidewalk controlled by a government entity. The investigation may also examine whether construction, landscaping, utility work, or another activity created the dangerous condition.
How Do You Prove the Sidewalk Was Unsafe?
Evidence should document both the defect and how it caused your fall. Useful proof may include:
- Close and wide-angle photographs of the sidewalk.
- Measurements of cracks or height differences.
- Surveillance or doorbell video.
- Witness statements.
- Prior complaints.
- Inspection and maintenance records.
- Work orders and repair requests.
- City service requests when applicable.
- Medical records describing your injuries.
Footwear and clothing may also become relevant if the property owner or insurer argues that something other than the sidewalk caused you to fall.
What If the City Is Responsible?
If your fall occurred on a sidewalk maintained by the City of Chicago or another local public entity, different rules can apply to your injury claim. Under the Illinois Local Governmental and Governmental Employees Tort Immunity Act a local public entity generally has a duty to use ordinary care to keep its property reasonably safe for people it intended and permitted to use the property.
You may also have to establish that the public entity had actual or constructive notice of the unsafe condition with enough time to repair it or protect pedestrians from it. Prior complaints, inspection records, work orders, 311 reports, photographs showing a longstanding defect, and previous repair activity can help establish when the problem became known or how long it existed.
The filing deadline can also be much shorter when a claim is against the city. Section 8-101 of the Tort Immunity Act generally requires an injury lawsuit against a local public entity or its employee to be filed within one year, rather than the two-year period that commonly applies to personal injury lawsuits in Illinois.
Why Legal Representation Can Make a Difference in Broken Sidewalk Cases
Sidewalk cases often become disputes over whether the defect was dangerous, how long it existed, and who had responsibility for repairing it. An insurer may also argue that the condition was obvious or that you failed to watch where you were walking.
A Chicago premises liability lawyer can determine who controlled the sidewalk, preserve evidence of the defect, obtain maintenance and complaint records, and address arguments intended to place responsibility on you. If a public entity is involved, an attorney can also determine which procedural rules and deadlines apply.
After a Broken Sidewalk Injury
A sidewalk can be repaired before you have an opportunity to prove what caused your fall. Contact Mark L. Karno & Associates, LLC online or at (312) 701-0090 for a free consultation about preserving evidence and pursuing your claim.