Tripping On A Sidewalk While Running

Runners, whether you’re training for a big race, or part of a local run-club – soreness, muscle fatigue, and even injuries are expected over time.  But what happens when you’re on a run and sustain a trip and fall injury due to a cracked sidewalk or an overgrown tree root?  Can you hold the property owner responsible? This is a good question, and a personal injury lawyer is here to explain how that works:

City And County Premises Liability And Understanding Sovereign Immunity

We’ve all had occasions of running on a sidewalk through a city or even in more suburban areas and coming across large cracks in the sidewalk or overgrown tree roots impeding our path.  

Property owners have a duty to maintain their property in a reasonably safe condition for those that are expected to be on their property.  Running, or any type of pedestrian traffic, is to be expected on City or County sidewalks and paths.  Furthermore, the City and County are liable for injuries caused by dangerous conditions on its property that they knew about or should have known about. Unfortunately, cracked sidewalks and overgrown tree roots pose serious threats to runners and walkers alike as our friends at Mickey Keenan P.A. know all too well. 

Since the City/County is required to inspect and maintain its sidewalks, trails, or other walkways, to keep them clear of dangerous conditions, the existence of hazards like these often can establish liability.  A regular inspection of these areas should alert the City or County to either fix the issue or warn us by painting the area with a bright color.  

But if the trip and fall did occur on property owned by the City or County – the sovereign immunity law in some states becomes important to understand.  This specific law “generally prohibits” suing the State, or any entity of it, except in the specific ways the State “waived” its immunity in this Statute.  

While more complex than this, the basics are that injury claims like these are permitted against the City or County, but there are several pre-suit requirements and damages are usually capped at $200,000. Again, this is dependent upon your state as not every state treats this the same.  

While claims against the City or County may be more difficult to prosecute, they are permitted.  It’s important to consult with an attorney immediately after being involved in a fall down event on City or County property, so that you can fully understand your rights and evidence important to your case is properly secured.  Things like taking photographs of the area or requesting video surveillance from a nearby business owner are crucial for your case.  

Private Property – Homeowner’s Association (HOA)

The same legal analysis applies if you are involved in a trip and fall incident while running in a private neighborhood.  The important difference is that sovereign immunity does not apply.  Damages are not capped, and you are not bound to follow the statutory requirements before filing a lawsuit.

Once again, it is imperative to consult with an attorney immediately after sustaining this type of injury, so that you fully understand your rights and all evidence can be property collected.

What Can You Do In The Event You Are Involved In A Trip And Fall Incident?  A Lawyer Can Help.

Make sure to seek appropriate medical attention right away.  Take pictures of the area where you fell.  Take pictures of your injuries.  Call a lawyer near you today for a consultation and let them fight for the compensation you deserve.