Zevan Davidson Roman Law Firm Articles Who Holds the Liability for a Trip & Fall Accident on Public Property?

Who Holds the Liability for a Trip & Fall Accident on Public Property?

By Kevin Davidson  Mar. 4, 2014 10:32a

Typically the first thing a personal injury attorney will do is try and determine who is liable. They will have to look into which public entity is responsible for the place you received your injury and then the exact person or group that is supposed to be taking care of the public area where you fell. Another important thing that will have to be looked into is if there was indeed a known risk of injury. For example, let’s say you twist your ankle tripping over a pothole. You likely have a valid claim for compensation if you can prove the potholes existence for a length of time. Missouri law allows a property owner, or a government agency in this case, a reasonable amount of time to repair a potential risk. If that pot hole had appeared just 20 minutes before your accident, you will probably not be compensated.

During a construction job at the airport, a Missouri man broke his arm after tripping over wires that were uncovered. The first question here would be whether the liable party was the government agency which is in charge of the airport, or the construction company doing the work. Once that was determined than the known risk must be addressed. Should it have been obvious that uncovered wires in this pedestrian area were dangerous and why wasn’t it addressed sooner. In this case it was simple to determine that the wires were an obvious risk and that the construction company was negligent in placing them uncovered. They settled the claim for $251,000.

There is a higher expectation of safety when you visit a government owned property, and rightfully so. They have a higher duty to protect its citizens from harm and should be constantly taking preventive measures to ensure their safety. It is, however, not easy to file a personal injury suit against one. Having an experienced personal injury attorney on your side would be of great assistance.

If you were injured on public property the most effective way to file a claim for compensation will be with a Missouri personal injury attorney. They will be well versed in the Federal Tort Claims Act and can help you use that to recover the damages that were caused by your accident.

The personal injury attorneys at the Zevan and Davidson Law Firm have over 20 years of experience and have a proven track record of success. To schedule a free and private consultation, contact Zevan and Davidson by calling (314) 588-7200.

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