A broken sidewalk can present a number of hazards, including an increased risk of slip and fall accidents. The outcomes of these accidents can range widely, but they are never pleasant, and the individuals injured in them often end up sustaining not only physical pain but significant medical expenses and prolonged disruption to their daily routines. A personal injury lawyer with Friedman & Bresaw, PLLC may be able to evaluate a slip and fall accident and help determine whether there is a viable legal claim for compensation. We offer free case evaluations to make it easy for Belknap County residents to get the answers they need. Call our office today at 603-707-4800 to book a consultation.
What Should You Do After Slipping and Falling on a Broken Sidewalk?
If you slip on a crack, split, or other irregularity, there are a few things to do to help protect yourself. The first recommended step is to seek a professional medical evaluation as soon as possible. From there, you may need to contact local authorities, file an insurance claim, and potentially speak with an attorney. We are always happy to receive calls from Laconia residents who have questions about their next steps after a broken sidewalk injury.
Summary of Slip and Fall Accidents on Broken Sidewalks
A slip and fall on a broken sidewalk may give rise to a premises liability claim, particularly when a municipality bears responsibility for sidewalk maintenance under New Hampshire law.
- Slip and fall accidents fall under personal injury law and are commonly categorized as premises liability claims, which focus on whether a property owner or municipality failed to maintain reasonably safe conditions.
- In New Hampshire, R.S.A. § 231:113 generally places primary responsibility for municipal sidewalk maintenance on local governments, making cities and towns potentially liable for injuries caused by broken sidewalks.
- Prompt medical evaluation, documentation of the scene, and identification of the party responsible for sidewalk maintenance are critical steps that may affect a subsequent insurance claim or civil action.
Individuals injured in broken sidewalk incidents in Meredith, Laconia, or elsewhere in Belknap County may seek guidance from Friedman & Bresaw, PLLC regarding potential legal remedies under New Hampshire premises liability law.
What Is the Definition of a Slip and Fall?
A slip and fall accident occurs when a person loses their footing and slides or crashes to the ground as a result. Partial falls “count” for the purpose of defining slip and fall accidents; if you step on a loose board, lose your balance, stagger sideways, and eventually catch yourself on your hands before falling fully on the ground, that sequence of events is usually considered a slip and fall accident. Another way of thinking about the essential characteristics of these accidents is that they always involve an interaction between an individual and his or her surroundings that causes a disruption in the person’s balance.
Severity of Slip and Fall Accidents
The severity of the fall itself can vary widely, depending on where the accident takes place, what objects are present in the immediate area, and personal factors such as the agility of the individual taking the fall. Slip and fall accidents that take place at a significant height (e.g., on stairs or scaffolding) and those that take place in environments with serious hazards (e.g., exposed wiring, sharp-edged tools, or moving traffic) nearby can be especially dangerous, but even a slip and fall accident uncomplicated by any of these additional factors can still result in serious injury, and in some cases even death.
Slip and Fall Accidents and the Law
Allowing for certain exceptions, such as job-related slips, trips, and falls that are processed as workers’ compensation claims, the vast majority of slip and fall cases belong legally to the category of personal injury law. Along with negligent security and certain types of hazardous environment claims, “slip and falls” make up a subset of personal injury cases known as premises liability. The “premises” may be any public or private property, such as a grocery store, a friend’s patio, a local park, or (of course) a sidewalk with an unexpected break. The “liability” refers to the legal responsibility for ensuring those premises are safe for visitors. How this liability is configured will depend on a few factors, but one of the most influential is the status of the injured person with respect to the premises on which the slip and fall accident occurs.
Immediately After a Slip and Fall Accident
If you are not so badly injured that you need critical emergency intervention, then you may want to take a moment to document your surroundings and the break in the sidewalk that led to your fall before you leave the scene. However, do not let the few minutes you might spend collecting documentation convince you to skip seeking medical attention altogether. Often, a slip and fall accident can be associated with significant soft tissue damage. They can even lead to internal bleeding, which may not be obvious to the naked eye until the injured individual goes into hypovolemic shock, a potentially fatal complication.
First Aid
Many of the injuries sustained in a slip and fall accident may need immediate first aid treatment to prevent unnecessary pain and swelling and help the body to heal properly. Skeletal fractures (broken bones) may need to be splinted and set in a cast. People who are relatively young and otherwise healthy usually recover from sprains, strains, and broken bones fairly quickly, although the healing period can certainly be uncomfortable.
Recognizing Increased Risks
Individuals who are over the age of 70, or those who have underlying medical conditions such as osteoporosis (which makes bones more porous and therefore more easily broken) or any of several hypermobility disorders (which tend to make sprains and joint dislocations more likely, as well as in some cases increasing the time it takes to heal), have increased risk for serious injuries for any fall. Statistics from Injury Facts suggest that, from roughly the mid-60s on, the risk of death due to an accidental fall begins to increase in direct proportion to age, outnumbering traffic accident fatalities by a measure of roughly four to one for individuals between 75 and 84 years of age.
Documentation
There is another reason why seeking medical attention after a slip and fall accident can be essential, even if no symptoms are present. The record of these injuries created by the evaluation of a medical professional can be invaluable if you later need to support a contested claim for compensation. Generally speaking, sooner is better when it comes to collecting this type of documentation, as extended gaps between the accident and the assessment can sometimes become an excuse for insurance adjusters to argue that the injuries were really caused by some factor other than the slip and fall incident.
Next Steps
After an assessment from a medical professional, following their instructions can help provide the best chance at recovery. Additionally, confirming the party responsible for maintaining the sidewalk where you fell may be a viable next step. In some locations and under some conditions, cities assign responsibility for the maintenance of sidewalks adjoining private property to the owners of the properties along whose rights-of-way the sidewalks run.
Maintenance Responsibility for Municipal Sidewalks
In New Hampshire, however, R.S.A. § 231:113 places primary responsibility for sidewalk maintenance with municipal governments under most circumstances. For this reason, responsibility for repairing a broken sidewalk in Meredith or Laconia will usually fall to the municipal government (e.g., the City Street Department). Local governments organize the departments under which they fulfill their statutory responsibilities somewhat differently from one place to another, so starting with the directory of the town or city hall to identify the relevant department is usually a good place to start.
Broken Sidewalk Liability
Confirming maintenance responsibility can be beneficial for two main reasons. The first is that the sidewalk obviously presents a hazard, which means informing the appropriate party of the danger allows them to repair the broken sidewalk before anyone else gets hurt. The second is that, when filing a claim to recover damages resulting from the slip and fall accident, you will need to know where that claim should be directed. For assistance in determining who is actually responsible for maintaining the sidewalks in the location of the fall, a slip and fall lawyer with Friedman & Bresaw, PLLC may be able to offer structured guidance in a private consultation.
What Is Compensation in a Slip and Fall Case?
The payments sometimes seen in slip and fall cases come in two main varieties: settlements (usually negotiated with the responsible party’s insurance company) and court-awarded damages. The goal is to achieve fair compensation without the added time and cost of a trial, so getting the assistance of an attorney in negotiating with a municipal government’s liability insurance representatives can often be extremely helpful. An attorney may also be able to help evaluate the reasonableness of any settlement offer.
When To Call a Lawyer in New Hampshire
If you have been injured in a slip and fall accident caused by a broken sidewalk, it is normal for you to have legal questions. Determining who is at fault and ensuring they compensate appropriately for the injuries suffered as a result of their negligence can prove time-consuming and exhausting. Personal injury lawyers build their careers handling cases like yours, so in addition to their formal training, they also may have the benefit of professional experience. If you have suffered a broken sidewalk injury in Meredith, Laconia, or anywhere in Belknap County, consider reaching out to the personal injury team at Friedman & Bresaw, PLLC to schedule a free consultation so that we can review your case. Call 603-707-4800 to get started.
Essential FAQs About Broken Sidewalks and Premises Liability
These answers to frequently asked questions can help clarify issues of liability for sidewalk injuries and slip and fall accidents.
What Is Considered a Slip And Fall Accident?
A slip and fall accident occurs when an individual loses balance due to a hazardous condition, such as a crack or irregularity in a sidewalk, and falls or partially falls. Even if the person catches themselves before fully striking the ground, the event may still qualify as a slip and fall if the loss of footing resulted from unsafe premises conditions.
Are Broken Sidewalk Accidents Covered By Personal Injury Law?
Yes, most broken sidewalk accidents fall under personal injury law and are classified as premises liability claims. These cases focus on whether the party responsible for maintaining the property failed to keep it reasonably safe for lawful visitors.
Who Is Responsible For Maintaining Sidewalks In New Hampshire?
Under R.S.A. § 231:113, municipal governments generally bear primary responsibility for maintaining public sidewalks in New Hampshire. However, specific maintenance obligations can vary depending on local ordinances and the location of the sidewalk.
What Should Be Done Immediately After A Slip And Fall On A Broken Sidewalk?
Seeking prompt medical evaluation should be the priority, even if injuries initially appear minor. If possible, individuals may also document the scene, report the hazard to the appropriate municipal department, and preserve any medical records related to the incident.
Why Is Medical Documentation Important In Slip And Fall Cases?
Medical documentation creates a contemporaneous record of injuries and connects them to the incident. Insurance carriers often examine the timing of treatment, and delays may complicate efforts to demonstrate that the fall caused the reported injuries.
What Types Of Injuries Are Common In Broken Sidewalk Falls?
Broken sidewalk falls may result in fractures, sprains, strains, soft tissue injuries, and, in severe cases, internal bleeding or head trauma. Older adults and individuals with conditions such as osteoporosis may face an increased risk of serious complications following a fall.
How Is Compensation Typically Resolved In Sidewalk Injury Cases?
Compensation may be pursued through an insurance settlement or through court-awarded damages if a dispute proceeds to litigation. Many cases resolve through negotiated settlements with the responsible party’s liability insurer, although outcomes depend on the facts and evidence presented.
How Can Friedman & Bresaw, PLLC Assist With A Broken Sidewalk Injury Claim?
Individuals injured in Meredith, Laconia, or elsewhere in Belknap County may consider visiting with an experienced attorney at Friedman & Bresaw, PLLC to learn more about potential legal options. Attorneys at the firm could help clarify available avenues for compensation, review maintenance responsibility under New Hampshire law, and work to ensure clients understand their rights and possible next steps.
