If you have been injured by falling in the street, then you could be entitled to claim compensation. However, the claim will only be successful if you can establish that the third party owed you a duty of care and breached this duty.
This can be proven by proving that the hazard caused you to fall and was present for an unreasonable amount of time. Evidence can include witness statements and photographs.
Who is responsible for maintaining the street?
When it comes to street and sidewalk maintenance, a lot of confusion can arise. Typically, the city is responsible for maintaining the streets and alleys within the community. This includes chip and fog seal, crack seal, potholes, roundabouts, striping, snow removal, and right of way sign and weed removal. This means that if you have a severely cracked or damaged sidewalk, you are likely to get the city to fix it up for you.
But when it comes to private streets in gated communities, this is a bit more murky. Typically, it depends on the documents governing your specific community, but if you find that there is no clear documentation that defines who is responsible for street and sidewalk repairs, then your best bet is to try to get the entire neighborhood involved in this process.
How do I make a claim for a fall in the street?
There are many things to consider when making a claim for a fall in the street. However, the most important is to identify the responsible party and prove that they owed you a reasonable duty of care.
To make your case, you should take plenty of photos and read up on your legal options. You should also seek medical attention for any injuries you might have sustained as a result of the incident.
Getting the best medical treatment is not only a great way to get better, but it can help you make your claim and avoid any delays.
If you do need to go to hospital, be sure to have the aforementioned medical stipulations in writing for your records.
What you should also be aware of is that the best medical attention can be costly. Fortunately, there are several ways to reduce the cost of your care, such as taking out private health insurance or self-funded plans.
How much can I claim for a fall in the street?
If you have been injured in a fall, you may be able to claim compensation. However, this figure will vary depending on the injuries you have sustained and whether someone else is responsible for them.
To help strengthen your case, take detailed notes about the accident from start to finish. This includes the time, date and location. It is also a good idea to document the statements of any witnesses, including their phone numbers and addresses.
In addition, save your clothing and shoes from the fall as these could be useful pieces of evidence if you decide to pursue legal action. You should also write a spoliation letter to the store or location where you fell, asking them to preserve any video footage or other information that might be relevant to your claim.