A sidewalk fall may not seem like a serious accident, but it can cause broken bones, head or facial injuries, and other significant harm. To establish liability in sidewalk slip and fall accidents in Nashville, you must identify the party responsible for maintaining the sidewalk. This is where a lawyer comes in.
Liability is not always straightforward. The location and time of year can affect who is responsible for your accident. When negligence causes your injuries, our team of dedicated slip and fall attorneys at Ponce Law can explain the process required to prove your claim and recover compensation.
A city does not typically own or maintain all its sidewalks. Even if the city owns the sidewalk where you had your accident, it may not be responsible for maintaining it. Parties potentially liable in a slip and fall case include:
For example, homeowners and business owners must keep sidewalks adjacent to their properties free of snow and ice in winter. If you slip on ice in front of a store, even on a public sidewalk, the property owner may be liable.
However, if you slip on the sidewalk between businesses, the city may bear responsibility. These sidewalk accident rules create complexity in determining liability in Nashville slip and fall cases. A seasoned attorney can assist in determining the at-fault party and holding them accountable.
Claims against a city or other local government are generally governed by the Tennessee Governmental Tort Liability Act (TGTLA). Under Tenn. Code Ann. § 29-20-203, government entities are typically immune from legal action unless the Act removes that immunity. In sidewalk accident cases, immunity may be removed when a defective, unsafe, or dangerous sidewalk caused the injury, and the government had actual or constructive notice of the condition.
The act protects individuals who perform their duties correctly. You may sue the city of Nashville for damages from a sidewalk slip and fall accident, but you cannot sue individuals who performed their duties correctly and did not negligently create a hazardous condition. You must file a claim within one year of the incident. Our attorneys can explain what you need to do to file your claim and what supporting information you should include.
Proving that the city is responsible for sidewalk slip and fall accidents in Nashville is similar to proving that a private business is responsible. Filing a claim against the city, though, requires a few additional steps compared to filing claims against an individual or a business.
At Ponce Law, we have three decades of experience helping our local clients pursue compensation from both private insurers and the city. Our attorneys can provide legal advice on pursuing your claim, offering dedicated service and the resources of our office. Whether your case settles or goes to trial, we can guide you through the process. Call us today to schedule a free consultation.