what is a sidewalk lawyer?

A sidewalk accident lawyer is a legal professional who specializes in representing people who have been injured or have lost property as a result of a sidewalk accident. This type of lawyer can help you determine the extent of your injuries and pursue the appropriate insurance claims.

Full Answer

What is sidewalk law and legal definition?

Sidewalk Law and Legal Definition. Local laws govern the maintenance of sidewalks, assessments for repair of sidewalks, prohibition of bicycling and skating on sidewalks, and regulation of sidewalk vendors. Statutes and ordinances, which vary by locality, require that the sidewalks be kept free from hazards to pedestrians,...

Who is responsible for sidewalks?

Statutes and ordinances, which vary by locality, require that the sidewalks be kept free from hazards to pedestrians, such as snow, ice and trip factors. Responsibility for safe maintenance of sidewalks is usually on the owner of the property adjacent to the sidewalk.

Who is liable for accidents on sidewalks?

Responsibility for safe maintenance of sidewalks is usually on the owner of the property adjacent to the sidewalk. In order to be liable for accidents on sidewalks due to unsafe conditions, the responsible party is usually required to have notice of the dangerous condition.

What are the laws for sidewalks in New York?

Statutes and ordinances, which vary by locality, require that the sidewalks be kept free from hazards to pedestrians, such as snow, ice and trip factors.

Who owns sidewalks in California?

In California, municipalities and counties usually own the sidewalks next to private property, but California state law long enacted states that the landowners are responsible for maintaining the sidewalk fronting their property in a safe and usable manner.

Who owns sidewalks in Massachusetts?

The city is responsible for maintaining, cleaning, plowing, salting, clearing, and maintaining streetlights in all public roads and sidewalks. Property owners are responsible for cleaning, plowing, salting and clearing streets and sidewalks on their property, as well as maintaining privately-owned streetlights.

Who is responsible for sidewalk repair in Florida?

Generally, in Florida, cities and municipalities are tasked with the upkeep of sidewalks, and could thus be held liable in an injury case related to a trip and fall incident.

Are sidewalks public property in Colorado?

In Denver's commercial areas, many sidewalks are a blend of private and public property. Owners of big buildings often own pavement paralleling public pathways. When someone's injured on property of another by a dangerous condition, Colorado's premises liability statute lays out the law.

Do I own the sidewalk in front of my house Massachusetts?

The cities of Boston, Cambridge, Somerville, Newton, Lynn, and Worcester (among others) all require property owners and businesses to clear municipal sidewalks in front of their residences or businesses. Fines are assessed against non-compliance.

What is an easement in Massachusetts?

Easements are the legal right to use someone else's property in a certain way. When someone uses land in Massachusetts a manner that is open, notorious, not with the permission of the owner, and continuous for a period of at least 20 years, they may acquire a prescriptive easement under Massachusetts G.L. c. 187, § 2.

Are sidewalks private property in Florida?

Florida premises liability for public property Many sidewalks are public property, which means they're not owned by a specific person or business. They are part of the public domain, like roadways, and it's usually the city or municipality's responsibility to maintain them.

Who owns sidewalks in an HOA in Florida?

One of our directors says; “the sidewalks are not common property, so it is up to the homeowner to clean them.” Our association documents state that the HOA is responsible for maintaining the common property.

Who is responsible for sidewalk repair in Pasco County Florida?

The county only maintains sidewalks in cases where the county constructed the sidewalk. The maintained sidewalks are normally part of the major road network. Sidewalks constructed by developers or property owners are not maintained by the county. 9.

Are sidewalks public property Denver?

Within the City and County of Denver, abutting property owners are responsible for installing and maintaining sidewalks within the public right of way.

Who owns the sidewalk in Colorado Springs?

For several decades, the City Code made it the responsibility of property owners to maintain, repair and reconstruct broken sidewalks, curbs and gutters abutting their property.

Is it More Difficult to Bring a Claim if the Defendant is a City or Private Citizen?

Typically, it is more difficult to win a slip and fall case against a city or municipality. Governmental immunity may apply in these cases, unless this immunity has been waived. Your state laws may also reduce a government’s standard of care or duty to protect citizen against hazardous conditions.

What Defenses Should a Plaintiff Expect?

Premises liability defendants have many defenses. Again, claims against cities and states often involve governmental immunity and strict procedural requirements. If you miss these notice and filing deadlines, you cannot receive compensation for your injuries.

What Remedies or Compensation May a Plaintiff Demand?

If you were injured due a city or property owner’s failure to remove ice and snow, you may be entitled to compensation for:

Should I Contact a Lawyer?

Yes. A premises liability or personal injury lawyer can help you understand your state’s laws and filing requirements, investigate your claim, and file a lawsuit. A lawyer can also evaluate your damages, negotiate with the insurance company, and attempt to settle your icy sidewalk claim before trial.

Who owns sidewalks in California?

In California, municipalities and counties usually own the sidewalks next to private property, but California state law long enacted states that the landowners are responsible for maintaining the sidewalk fronting their property in a safe and usable manner. “The owners of lots or portions of lots fronting on any portion ...

Why was the adjacent property owner partially liable for the sidewalk?

The City of San Jose argued that the adjacent property owner was partially liable because he had not maintained the sidewalk as required by the local ordinance. Huang filed a motion for summary judgment arguing in part that the sidewalk liability ordinance enacted by the City of San Jose was unconstitutional.

What was the issue before the court in San Jose?

City of San Jose (2004.) The primary issue before the court was whether the state law preempted the local measure. The court found that the ordinance was constitutional and was not preempted by state law. In its holding, the Gonzales court noted that cities are empowered under the California Constitution to enact ordinances ...

What is the basic law of repair?

The Basic Law: The Cost of Repair: California state law provides that a municipality may assess landowners for the cost the municipality incurs to maintain sidewalks if the landowner fails to perform his/her duty. Note that this is a choice available to the municipality and not all so assess. The Issue of Liability: ...

Who is liable for foreseeable injuries caused by a dangerous condition on the public sidewalk?

A public entity (typically a city or municipality) is liable for foreseeable injuries caused by a dangerous condition on the public sidewalk negligently (unreasonably) created their employee. Government Code Section 830, 835 (a) and 835.4.

Who was sued for tripping over a sidewalk in San Jose?

In 2001, after adopting a sidewalk liability ordinance that addressed the issues raised in Williams, San Jose was sued by Joanne Gonzalez, who alleged she was injured when she tripped and fell over a raised portion on a public sidewalk.

Does liability shift to the landowner?

In some ordinances, liability does not shift to the landowner if the landowner did not cause the defective condition to exist .