Sidewalk trip and fall cases

We are often consulted by clients regarding pursuing a claim in connection with a trip and fall on a sidewalk. People commonly wish to purse these claims because significant injuries are generally involved and insurance companies do not offer an appropriate sum of money to settle. The first step in evaluating the claim is to examine the defect that caused the fall. The Courts have repeatedly found that small (a.k.a diminimis) defects are not enough of a hazard to warrant a successful claim. Therefore the defect must be large enough to clear that initial hurdle. The second step would be to examine the local laws regarding sidewalk defects. If the sidewalk is owned by a municipality (and most are) the municipality must receive "prior written notice" of the defect in order to be successful in a claim against the municipality. Since this rarely exists, the final step is to determine if there are any local laws wherein the municipality transfers liability for the care and upkeep of the sidewalk to the adjacent property owner. Assuming there is a transfer of responsibility and liability, a successful claim against the property owner is possible.