Can I Sue a Shopping Plaza for Injuries Caused by an Unmarked High Sidewalk?

Question from Jane Doe, Can I Sue a Shopping Plaza for Injuries Caused by an Unmarked High Sidewalk?

Answer from AI:

In general, property owners, including shopping plazas, have a legal duty to maintain their premises in a reasonably safe condition. This includes ensuring that sidewalks are safe for visitors to use. If you’ve been injured due to an unmarked high part of a sidewalk, you may have a valid personal injury claim, often referred to as a “slip and fall” case. However, the specifics of your situation will determine whether you can successfully sue for damages.

Establishing Liability

To establish liability in a slip and fall case, you typically need to prove the following:

• The shopping plaza had a duty of care to maintain the sidewalk in a safe condition.
• The shopping plaza breached this duty of care (for example, by failing to mark or repair the high part of the sidewalk).
• You were injured as a direct result of this breach.
• You suffered damages (such as medical expenses or lost wages) as a result of the injury.

Comparative Negligence

It’s important to note that many states in the USA follow a rule known as “comparative negligence.” This means that if you were partially at fault for your injury (for example, if you were not paying attention to where you were walking), any damages you receive may be reduced by the percentage of your fault.

Statute of Limitations

You should also be aware that there is a time limit, known as the statute of limitations, for filing a personal injury lawsuit. This varies by state, but is typically between one and four years from the date of the injury.

Seeking Legal Advice

Given the complexity of personal injury law and the fact-specific nature of these cases, it’s strongly recommended that you consult with a personal injury attorney. They can help you understand your rights, evaluate the strength of your case, and guide you through the legal process.

For more information on slip and fall cases, you can visit the Legal Information Institute’s page on Slip and Fall.

Remember, this information is a general guide and not a substitute for legal advice. Always consult with a legal professional for advice tailored to your specific circumstances.