If you live in a city of any size, sidewalks are important. They allow children to walk to school safely. Then also provide a recreational path for walkers, runners, and even Christmas carolers. But as we head into winter, it is important to keep in mind that sidewalks can be perilous. Evening and overnight temperatures can drop below freezing, which can make sidewalks icy and slick. And if you think slipping and falling is no big deal, think again. In 2015, at least 1 million people in the U.S. were hospitalized due to injuries related to a slip or fall accident (Centers for Disease Control).
Falls that occur on sidewalks in and around Kansas City are usually the result of one of the following four causes:
- Snow and ice: A sidewalk that is great repair can become difficult to traverse if it is covered by snow or ice. Slippery sidewalks are one of the largest causes of sidewalk falls.
- Miscellaneous objects: Falls can also occur when a person trips over a random object on the sidewalk. Common items include leaves, tree branches, garbage cans, trash, and children’s toys such as bicycles, balls, and wagons.
- Cracks and buckling: Cracks can occur for several reasons, including normal aging, tree roots, and weather. A crack can lead to uneven sidewalks surfaces and cause a person to lose their footing and fall.
- Potholes: Cracks that are not repaired in a timely fashion can lead to potholes. When water settles into a crack and freezes, it expands thereby making the crack larger. Tree roots can also cause potholes.
A common misconception about sidewalk fall accidents is that the person is out-of-luck when it comes to trying to recover damages because no one can be held liable. While this sentiment is all too common, it is simply not true. In fact, laws in both Kansas and Missouri require property owners and managers to take “reasonable precautions” to prevent injuries on their property, otherwise known in the legal world as premises liability.
What this means is that location matters. For example, if you fall and are seriously injured on an icy sidewalk, the person/entity responsible for keeping that sidewalk passable differs based on who owns or manages it. The following is a simple breakdown:
- Public sidewalks are the responsibility of the local municipality. A municipality can be liable if it can be shown that they had actual or constructive notice of a dangerous condition on the sidewalk that led to the injury. “Actual notice” happens when a resident makes a complaint to the municipality regarding the sidewalk. “Constructive notice” means that the problem is so obviously dangerous that the municipality should have addressed it.
- Private sidewalks – are the responsibility of the home or business owner/manager. Some municipalities may have local ordinances provide home and business owners with more specifics. For example, in Lawrence, Kansas, snow and ice must be removed from sidewalks within 48 hours. Most homeowner’s insurance policies provide coverage for fall accidents that occur on the property.
If you or a loved one suffered a serious injury after a fall accident, it is important to know that you may have legal options. The Injury Attorneys at Hubbard & Kurtz, L.L.P., have helped numerous victims of slip and fall accidents, in both Kansas and Missouri, obtain compensation for their injuries. Our caring team of attorneys will take the time to listen to you and carefully review the facts of your case. To schedule an initial consultation with one of our experienced Kansas City Personal Injury Attorneys, contact Hubbard & Kurtz, L.L.P. today at (816) 472-4673. At Hubbard & Kurtz, L.L.P we are dedicated to helping injury victims!