Can You Sue the City for Falling on a Sidewalk?

Most people never give a second thought to sidewalks. They’re everywhere, and people use them every day. That said, slip, trip, and fall injuries from unsafe sidewalks can change your life, so it’s important to know how to protect yourself and your rights by seeking fair compensation for your losses. You can file a personal injury claim against property owners for sustaining an injury on their sidewalks, but many injured people ask, “Can you sue the city for falling on a sidewalk?”

The short answer is yes. However, filing a claim against the city for a sidewalk injury comes with its own unique nuances and procedures. It’s important to understand how to prove that they’re liable for your injuries and what steps to take to recover the compensation you’re owed. Luckily, a Missouri personal injury lawyer can represent you through the process.

Requirements for Government-Controlled Sidewalks in Missouri

Sidewalks not adjoining private property are normally the responsibility of the federal, state, or municipal authority in control of the sidewalk. There are 944 municipal governments in Missouri, and understanding how they function can help you file successful cases against them.

Just like private walkways, government-owned or controlled sidewalks must stay safe and free of dangerous conditions that may result in injuries to pedestrians.

Example: Slip and Fall on Government Sidewalk

Eunice Brown went to the local post office to mail her granddaughter’s birthday present. As Ms. Brown walked along the sidewalk leading to the main entrance, she tripped on a buckled section of concrete and fell hard.

Ms. Brown was rushed to the hospital with a fractured hip. Despite surgery, she was permanently disabled by her injuries. In this case, the federal government would probably be liable for her medical bills, related expenses, and pain and suffering.

Unlike private property owners who can easily maintain their sidewalks, government authorities are often responsible for hundreds, even millions of square feet of sidewalks. It’s unreasonable for a municipality to have to patrol every square foot of sidewalk. That would require hundreds of people patrolling to look for defects.

Federal, state, and local governments have special rules in place to protect them from personal injury claims. That said, it is still possible to pursue an injury claim against the government.

Proving Liability for a Sidewalk Accident in Missouri

Just like claims against a business or homeowner, you’ll have to prove the government is responsible for your injuries. Typically, unless your municipality has actual or constructive notice of the defect or dangerous condition, they have no liability for injuries.

Actual notice is a citizen’s written complaint. Of course, even with notice, if the defect or dangerous condition is minor, the municipality might not be held liable. Constructive notice refers to conditions that are so obviously dangerous the municipality should have addressed them. Obvious dangers might include a large, easy to see pothole or a piece of sidewalk that separated more than several inches.

If you tripped and fell on a piece of sidewalk that had a small crack in it, the city is probably not liable. The defect in the sidewalk was minor enough to escape the city’s notice. Some municipalities have regulations about how big a crack or hole must be before the city becomes liable, whether they had notice or not.

Pedestrians most at risk for severe injuries due to unsafe sidewalks are:

• Senior citizens
• Children
• Parents with strollers
• Persons with mobility challenges
• Persons with assistive devices like canes, walkers, and wheelchairs

Kansas City Public Works’ sidewalk team started a concrete shaving project to fix potential tripping hazards, removing up to 1.5 inches to make them ADA compliant. City initiatives like this can reduce the number of slips, trips, and falls on Missouri sidewalks.

About the Sovereign Immunity and Tort Claims Acts

Governments in the United States have special protections against claims called Sovereign Immunity, which is a legal term meaning the government is immune from claims brought by citizens. Sovereign immunity is a legal rule that prevents the government or its subdivisions, departments, and agencies from being sued without its consent.

Originally, sovereign immunity only protected the federal government. Today, most state and city governments assert the same kind of protection from claims and cases. Fortunately, most federal, state, and local governments can waive sovereign immunity in private injury claims. Sidewalk injuries are a type of injury for which the government may waive immunity.

Sidewalk injury claims against federal agencies, like the post office, are made under the rules of the Tort Claims Act. Many states and cities have their own version of the Tort Claims Act to process injury claims by private citizens.

Filing an injury claim under the Tort Claims Act is different from filing a claim against a homeowner or business. Claims against government agencies have special paperwork that must be filled out exactly right and submitted under tight deadlines.

Like personal injury cases involving a civilian property owner, you have five years from the date of the incident to file against a government entity. However, you are legally required to file a notice of the claim within 90 days of the incident.

If you file outside this statute of limitations, your claim is likely to be rejected. Don’t risk losing your right to compensation—contact a personal injury attorney to handle everything correctly.

Understanding Comparative Negligence in Missouri

When the injured person is partially to blame for the circumstance causing them to trip and fall on a sidewalk, it can cost them part, if not all, of their potential compensation. For example, in recent years there has been a dramatic increase in the number of distracted and drunk pedestrians.

Insurance companies can be quick to point out that you might not have tripped over that crack in the sidewalk if you hadn’t been so busy texting or intoxicated while walking. In modified comparative fault states, such as Missouri, you may not be eligible to recover any compensation if you are equally to blame or more to blame for the circumstances leading up to your injuries.

Collecting Evidence for a Strong Claim Against a Missouri Property Owner

You’ll need to gather evidence to prove the property owner’s liability and the extent of your injuries. Good evidence includes:

Photographs

Use your cell phone to photograph the defect or dangerous condition on the sidewalk. Use a ruler or something in comparison, like a soda can, to show the size of the crack or height of the elevated portion of the sidewalk. Be sure to take enough photographs to make clear the sidewalk’s location and the extent of the problem.

Witness Statements

Ask anyone who was there when you fell to write down everything they saw. Ask them to sign and date their witness statement. Ask around the neighborhood to look for other property owners or residents who know about the sidewalk’s condition. If so, take down their names and contact information. If anyone previously sent notices to the city about the sidewalk problem, ask for copies.

Surveys

If the property owner claims they aren’t responsible for the sidewalk causing your injury, act fast. If it turns out the city maintains the sidewalk, you’ll only have a short time to file a claim. You can determine if the property owner owns the sidewalk with a visit to your local property tax department. There you can look up the property address and see the survey plot marking the property’s exact boundaries. The tax office clerk can make a copy for you for a small fee.

Damages

If you don’t have monetary damages, you don’t have a case. To obtain a settlement from a private property owner’s insurance company or a municipality, you must prove the extent of your injuries with:

• Copies of your medical records and bills
• Receipts for out-of-pocket expenses like medicines or crutches
• Statement of lost wages
• Evidence of your pain and suffering

Getting Fair Injury Compensation for a Sidewalk Injury Claim in Missouri

Hard injuries are high-dollar claims that can be difficult to negotiate. Insurance companies are known to offer much lower settlement amounts to claimants who aren’t represented by an attorney. There’s too much at stake to risk handling a complicated claim on your own. It’s wise to work with experienced legal advice to handle claims involving:

• Accusations of comparative fault
• Property owners who won’t provide insurance information
• Government agencies
• Injuries to children
• Wrongful death claims
• Permanent or disabling injuries

The ability to walk from one point to another in Kansas City with ease fluctuates, depending on the municipality in the Kansas City metro. As of 2022, the city as a whole scored 35 out of 100 on the walkability index.

In recent years, the City Council for Kansas City has adopted new policies to make walking in KC safer, including programs to replace dilapidated city sidewalks and add safety features for bikers, walkers, and wheelchair users. These initiatives can reduce the number of sidewalk injuries in the city.

FAQs

How Much Can I Win From a Sidewalk Injury Case in Missouri?

Missouri has no upper limit on damages you can claim through a personal injury case, so the total amount you recover depends entirely on the success of your case. Factors like the severity of your injuries, your medical expenses, and your level of pain and suffering can impact your settlement amount. Additionally, Missouri is a modified comparative fault state, which means you can receive less compensation if you’re deemed partially at fault for the injury.

How Much Do Missouri Personal Injury Lawyers Charge?

How much a Missouri personal injury lawyer may charge depends on the specifics of your case and the experience level of the attorney. Most personal injury lawyers charge a contingency fee, which means they only get paid if they win, and they take a percentage of the settlement amount. Others may charge a flat fee, an hourly rate, or a retainer.

What Is the 90-Day Tort Claims Law in Missouri?

The 90-day tort claim is a Missouri law that protects government entities from personal injury cases. If you plan to file a claim against the city or a government agency for a sidewalk injury, you can do so within five years of the incident. However, you must file a notice of the claim within 90 days of the incident before you do so.

Is the Presence of Ice on a Sidewalk a Liability in Missouri?

Property owners typically are not liable for ice on a sidewalk due to the natural elements, so you likely won’t have a case if you fall due to wintertime weather. However, some city ordinances require owners or managers to take care of snow and ice on their property in a timely manner. Additionally, if ice developed on the sidewalk due to runoff water from their property, you could rightfully file a claim against a home or business owner.

Contact a Missouri Sidewalk Injury Lawyer to Discuss Your Legal Options in More Detail

If you or a loved one have been badly injured from falling on a slippery or damaged sidewalk, you deserve fair compensation. It costs nothing to find out what a skilled personal injury attorney can do for you. For a free consultation please call (816)-370-5480. If you have further questions do not hesitate to reach out to our team by phone, through our contact form, or with the live chat option listed on our site.