A crack, a raised slab, or a sunken section of concrete are hazards that can cause a serious slip and fall injury. Who is liable for such a defect depends heavily on where it is located and who’s legally obligated to maintain it.
Who Is Responsible for Sidewalk Defects?
Liability for a sidewalk trip and fall generally falls on whoever has a legal duty to maintain that stretch of walkway. These parties may include:
- Municipalities often own and are responsible for public sidewalks.
- Adjacent property owners may be liable if a local ordinance shifts maintenance duty to them, or if they created the hazard themselves.
- Contractors who recently repaired or installed the sidewalk section can be liable if faulty work caused the defect.
Illinois courts apply a deminimus rule to minor sidewalk irregularities — often under two inches in height difference. (See Warner v. City of Chicago). These generally aren’t actionable as a premises liability hazard, since municipalities can’t be expected to fix every small crack.
When evaluating whether a municipality should be held liable for a defect, courts weigh the size of the defect alongside factors like lighting, foot traffic, and whether the hazard was concealed by debris or shadow. A defect that seems small can still support a claim if the surrounding conditions made it especially dangerous.
What Do You Need to Prove in a Sidewalk Defect Claim?
A sidewalk trip and fall claim generally requires showing the defect existed, that the responsible party knew or should have known about it, and that they failed to fix it or provide adequate warning.
When a sidewalk defect exists on private property, such as a walkway leading to a business or residence, general negligence principles apply. The property owner owes a duty of reasonable care to maintain the property in a reasonably safe condition. If you can show the owner knew or should have known about the defect and failed to fix it or warn visitors, you may have a viable claim.
Useful evidence includes:
- Photos of the defect, including a size reference like a coin or ruler.
- City maintenance or complaint records, which can show prior notice of the hazard.
- Witness statements, especially from neighbors who’ve seen others trip in the same spot.
Additionally, claims against government entities in Illinois come with a shortened notice requirement. In many cases, you must provide written notice of your claim within one year of the incident, well short of the standard two-year statute of limitations that applies to most personal injury claims in Illinois.
What Compensation Can Be Recovered in a Sidewalk Defect Case?
A successful sidewalk trip and fall claim can allow an injured person to recover money for both the immediate and lasting effects of the injury, including:
- Emergency medical treatment
- Ongoing medical care
- Future medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Out-of-pocket costs
Sidewalk defect cases involve specific legal rules that can significantly affect whether you have a viable claim, particularly when a government entity is involved. If you’ve been injured after tripping on a defective sidewalk in Illinois, speaking with an experienced personal injury attorney can help you understand your options and protect your right to compensation. Call Feagans Law Group to schedule a free consultation to learn more.