Just like any other unreasonably dangerous property condition, a broken or defective sidewalk can be the basis for a personal injury claim filed under “premises liability” law if it directly leads to you getting hurt through what would have otherwise been an avoidable slip or trip and fall. In practice, though, pursuing a civil claim over this particular type of incident can be deceptively complicated, in large part because of how challenging it can be to figure out exactly who is liable for maintaining a specific portion of sidewalk.
For this reason, getting help from seasoned legal counsel can be especially crucial to achieving a good result from a case built around sidewalk slip and fall accidents in Glendale. With a knowledgeable slip and fall attorney on your side, you will have better chances of holding the right people legally liable for your injuries and recovering comprehensive compensation for the losses those injuries have caused for you.
Owners of private property “abutting on any sidewalk of the City” are legally liable for injuries caused by their own failure to maintain that section of sidewalk in a reasonably safe condition for customers, lawful visitors, and passersby. In other words, if someone were to trip or slip and fall over a broken sidewalk right outside a private residence or business in Glendale, it is likely that the party most directly “at fault” for that incident would be the private property owner rather than the city government.
In this scenario, all the standard rules for premises liability litigation would apply: the injured person would need to establish that their injury stemmed directly from a specific hazardous condition that the private landowner failed to warn them about and did not fix or cordon off within a reasonable amount of time after when they actually or reasonably should have discovered it. Additionally, the standard “statute of limitations” for personal injury claims set by Arizona Revised Statutes § 12-542 would apply, so injured people would generally have two years at most after initially suffering an injury to file suit.
If someone slips or trips and falls over a defective sidewalk that is not immediately outside a private business or residence, the liable party may be the City of Glendale — or more specifically, the section of the city government responsible for maintaining walking paths and other public spaces. Fortunately, neither state nor local law establishes “caps” on how much compensation someone can demand from the city through this sort of claim, which differs from many other cities and states around the company.
Crucially, though, the effective filing deadlines for claims against the City of Glendale are different from those applicable to claims against private owners and companies. In claims against the city, the injured person will need to file a Notice of Claim within 180 days of getting hurt, and if their claim is then denied by the City, they have a maximum of one year from when they first got hurt to formally file suit, as per A.R.S. § 12-821.
Filing a lawsuit over an injury you sustained from a fall on a broken sidewalk is a lot more complicated than you might expect. Even if you understand all the unique rules and restrictions for this sort of claim, actually getting the best possible case outcome is next to impossible without guidance from a seasoned legal professional.
Fortunately, you have access to the assistance you may need from a capable team with more than 30 years of experience helping people like you all over the Grand Canyon State. Call the Phillips Law Group today to discuss your options after injury from sidewalk slip and fall accidents in Glendale.