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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default Slip and Fall in Sidewalk Owned by Government

    My question involves an injury that occurred in the state of: PA

    I fell on a disrepaired sidewalk which belongs to the township, therefore the 6 months notification law applies in case i decide to sue.

    The area is in such disrepair, there is a house which was partly demolished and the sidewalk never repaired (I have pictures of the place where I fell). It seems the place has been a hazard for 18 years but still there are signs indicating customers for the Post office should park there. I followed the instructions and parked under the sign but being new in town didn't realize I was parking in a war zone.
    I notified the Post Master immediately and I have a witness to what happened. I tried to drive home, a few blocks away from where the accident happened but barely made it. My neighbor took me to ER and my right ankle was broken and the left sprained. I spend my entire holiday season in bed unable to go anywhere. The accident was in mid-December and the cast was off March 6 but even now if I walk a block my ankle bruises and hurts.

    I was already on disability for problems with my hands and hip and lower back but now, my whole body hurts and it's not getting better.
    Two firms evaluated the accident and sent me contracts, however, upon reading them, they state that they can at any time decide the case has no merit, in which case I would be responsible for whatever was spent to that point. I am on very limitted income and cannot sign a contract with such a clause. Is this the only type of contract?
    The other issue seems to be the fact that there are protections in place for when the government is involved an d it's not clear to me if it's worth it to go through the emotional turmoil to sue the township. I am confused and any opinions would be apperciated. Thank you

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Slip and Fall in Sidewalk Owned by Government

    There are a number of issues.

    First is whether the town or municipality has sidewalk ordinances. In recent years, these ordinances had mandated that the owners of the property takes care of the sidewalks, and if so, you'll have to find out who the real owners are.

    Generally, I find a situation as you described, the owners may have passed away, or in a nursing home, and may even belong to the heirs of the deceased owner who may not even bother to take over the property through probate. There is property like this a block from my house, everything is in disrepair, the building, sidewalks etc., and the situation came to light when some scamsters got a mortgage on the "mortgage free" property, took the money and dissappeared, and when the banks came calling, found the owner was actually 93 year old man in a nursing home, apparently with no nearby relatives.

    So is it simpler to tell a 93 year old man in the nursing home with Alzheimers to fix his sidewalk, or is it simpler just to walk across the street??

    Now, if the area is under the jurisdiction of a municipality, then they enjoy sovereign immunity, and generally you'll have a hard time suing them.

    The answers you got may well indicate the difficulty of your situation. The best you might hope for is there is nothing for you to take except to give you title to the property. If this happens, as owner, you'll have to fix the sidewalk, else someone falls down, and they'll sue you. Is this what you want??

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Slip and Fall in Sidewalk Owned by Government

    So basically you have the two different firms that will bring suit against the owners of the property and take a percentage of your award or settlement, but if they lose the case, you have to pay there firm back for filing fees, medical records, exams and whatever there firm puts out of pocket to try to win your case. This could add up to thousands of dollars.

    I would keep looking for another attorney to take my case on a contingency fee basis, or not file suit.

    If the firms want you to sign a contract for what you say, then the firms believe that they don't know what the outcome will most likely be.

    Good Luck

    Can you post the pictures that you took?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Slip and Fall in Sidewalk Owned by Government

    what would you gain by suing? Do you have insurance that covers the medical bills? You said you were already off so I presume you didn't miss any time from work. Understandable that there is pain but in actual damages, what are your injuries?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Slip and Fall in Sidewalk Owned by Government

    From what he's posted it appears that the firms were willing to take the case on contingency, but that he's balking at agreeing to standard language intended to help the firm in a motion to withdraw if it determines that a case lacks merit but the client won't agree to a dismissal. Costs are always payable by the client; but they're rarely pursued and even more rarely recovered by a losing plaintiff-side law firm following a contingency case.

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