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Most people have slipped and fallen on a public sidewalk at least once in their life. In many cases, it is snow or ice that contributes to slip and fall accidents on city sidewalks.
Can the city or another government agency be held liable for your damages and losses? That depends on the circumstances of your case. You can schedule a free initial consultation with our premises liability attorneys at Arnold & Smith, PLLC, to discuss liability in your case.
Can a City be Held Liable for Your Slip and Fall Accident?
Under N.C.G.S. § 160A-296, cities in North Carolina have a legal duty to keep their public sidewalks, streets, and alleys in proper repair and “free from unnecessary obstructions.”
Thus, if your slip and fall accident was caused by a pothole, cracked pavement, or otherwise improperly maintained sidewalk, you may be able to hold the city liable for your injury.
However, bringing a premises liability lawsuit against a city or another government entity in North Carolina can be complicated. First of all, before suing a city, you must file a notice of claim, which notifies the government entity of your plans to pursue a lawsuit.
Generally, injured parties must provide a notice of claim within 30 days. Failure to do so may result in the loss of a right to sue the city. Consult with an experienced personal injury attorney well-versed in current state laws and local ordinances in your city.
If your slip and fall accident occurred on a public sidewalk, a North Carolina personal injury lawyer would help you gather evidence proving the city’s liability and build a strong legal case against the city.
Can I Sue the City for Slip and Falls Involving Ice and Snow?
Contrary to popular belief, cities in North Carolina generally do not have a duty to clear public sidewalks of snow and ice. However, the city may be held liable for slip and fall accidents if it fails to properly maintain sidewalks in front of government buildings or on public properties.
Currently, North Carolina has no specific laws requiring cities and municipalities to clear snow from sidewalks around residential properties. Also, towns and counties are not allowed to legally require owners to remove snow from sidewalks adjacent to their properties, though some municipalities in North Carolina have ordinances that request snow removal.
So, does it mean that no one can be held liable for your slip and fall accident caused by ice or snow on a sidewalk? Not necessarily. If your accident occurred on a sidewalk in front of someone’s private or commercial property, you might be able to pursue a premises liability claim to recover damages from the property owner.
Consult with a personal injury attorney at Arnold & Smith, PLLC, to determine liability for your slip and fall accident injury. Call (704) 370-2828 to receive a video or phone consultation with our lawyers to explore your legal options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_160A/Article_15.html
Image Credit:
https://www.freeimages.com/photo/snow-1379230
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