I’ve been there. Running along a sidewalk on a nice fall morning. I’m enjoying the crisp weather. Looking at what is ahead of me. And suddenly I’m on the ground. Fortunately, aside from a scrape I’m okay. I look back to see what caused my fall and I notice the sidewalk is uneven. I’m lucky. I don’t need to make a claim.
Not everyone is so lucky. Falls on sidewalks can result in serious injuries.
In Connecticut, one of the harshest statutes we have is the sidewalk notice statute. Many folks are injured on Connecticut’s sidewalks. Often because towns fail to maintain or inspect them.
If you are injured on a sidewalk you need to seek a personal injury attorney as soon as possible.
Connecticut provides that a person who was injured by means of a defective sidewalk may recover damages from the party bound to keep it in repair. In making a claim under that a person was injured because of a defective sidewalk, the first thing the plaintiff must prove is that he gave the required statutory notice of injury.
No notice no case.
The law requires that an action can only be brought to recover damages caused by a defective sidewalk if the plaintiff provides written notice of the injury, with a general description of the injury, the cause, the time, and the place of its occurrence. This notice shall be given within ninety days thereafter to a selectman or clerk of the town, city or borough bound to keep the sidewalk in repair.
Your lawyer should immediately investigate the sidewalk. You should accompany your lawyer to the location of the fall. Pictures should be taken. Your lawyer should do a title search to determine ownership of the sidewalk. Your lawyer also needs to examine town ordinances related to sidewalks.
All of this has to be done within 90 days of the fall. If it is not, you cannot make any claim for your injuries. And just because you give notice doesn’t mean you have to pursue a claim.
If you have fallen on a sidewalk and would like to discuss your claim, please contact me for a free consultation at (860) 471-8333
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