Injured on a sidewalk?
Every day thousands of people are injured as a result of slip and fall type injuries, also known as premises liability claims. Many of these injuries occur when an individual falls on a defective public sidewalk.
In Missouri, a claim arising out of a fall on a public sidewalk presents many challenges. Contrary to popular belief, a landowner is not required to repair or maintain a public sidewalk, and a landowner is generally not liable to individuals that fall on a sidewalk abutting the landowner’s property. There are two exceptions to the general rule: 1. the abutting landowner uses the public sidewalk for a purpose other than as a sidewalk; or, 2. the abutting landowner acts negligently in affirmatively creating a dangerous condition.
Under Missouri law, cities and municipalities have a non-delegable duty to repair and maintain public sidewalks. However, most cities and municipalities attempt to shift the cost of repair to the landowner, and refuse to accept liability for public sidewalks that fall into disrepair.
As a result of all of the competing interests, individuals that are injured to due to a fall on a defective public sidewalk face numerous, difficult challenges, when attempting to recover damages. At Tieman, Spencer & Hicks, LLC, we have been handling cases involving injuries resulting from falls on public sidewalks for decades. We know how to win sidewalk cases. If you have been injured as a result of a fall on a public sidewalk and have any questions, contact Russ Purvis at Tieman, Spencer & Hicks, LLC, for a free initial consultation.
