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Accidents happen, and sometimes they occur due to unsafe conditions on public or private
sidewalks. If you’ve recently tripped and fallen or slipped and fallen on a sidewalk, you may be
wondering whether you have a personal injury case. The quick answer is that if you can show
that someone was negligent in maintaining the sidewalk, you likely have a case.

Proving Negligence
You can likely establish a personal injury case after tripping and falling or slipping and falling on
a sidewalk if you can show that someone or some entity was “negligent” in maintaining the
sidewalk. “Negligent” is a legal term that simply means a person or entity either:
-Failed to remedy a dangerous condition on the sidewalk (for example, cracks or uneven
surfaces).
-Allowed some dangerous condition to persist on the sidewalk (for example, ice or snow),
or
– Acted unreasonably under the circumstances in taking care of the sidewalk.
More technically, the law in this area says you have to prove four distinct elements to bring a
personal injury case after falling or tripping on a sidewalk. These are:

1. Duty of Care – In sidewalk trip and fall cases, this typically means proving that the entity
   responsible for maintaining the sidewalk had a duty to ensure it was reasonably safe for
   pedestrians. This duty is often assigned to municipalities, property owners, or businesses.
2. Breach of Duty – This involves showing that a person or entity failed to uphold its duty
   of care, or somehow failed to provide a reasonably safe sidewalk.
3. Causation – To have a valid personal injury claim, you must also establish a direct link
   between the breach and your injuries. This means demonstrating that the dangerous
   condition on the sidewalk was the direct cause of your trip and fall, leading to your
   injuries.
4. Damages – Even if you can prove breach and causation, you will not have a personal
   injury case without actual damages. Damages can include medical expenses, pain and
   suffering, lost wages, and other financial losses resulting from your injuries.
   
   Common Causes of Sidewalk Trips and Falls
   Sidewalk accidents can occur for various reasons. Some common causes of sidewalk trips and
   falls include:
   – Uneven pavement,
   – Cracks and potholes,
   – Lack of maintenance (for example, failure to clear snow and ice),
   – Poor lighting, and
   – Construction zones.

Consult and Attorney
Given the complexities of personal injury law and the unique circumstances of each case, it is
advisable to consult with a personal injury attorney. They can assess the specifics of your trip
and fall or slip and fall case, help you gather evidence, and find hidden value in your case to
maximize your compensation.

Questions?
Contact Nelson Injury Law for Help!
If you were injured in an accident, let us shoulder the burden of your case. Your focus should be
on healing from your injuries. The skilled injury attorneys at Nelson Injury Law are here to help.
Please contact us now for a free consultation.
Eric S. Nelson, owner of Nelson Injury Law, is an experienced trial attorney who will provide
you with wise and compassionate legal counsel and representation through each stage of your
case. Remember, you pay nothing if we do not win your case.