Denver Defective Sidewalks Attorney
Despite being a city with a robust hiking and walking culture, Denver has a large amount of sidewalks in surprisingly poor condition. It’s not uncommon to see large stretches of land with sidewalks that are cracked, poorly maintained, and even nonexistent.
When a pedestrian walks on a Denver sidewalk and trips or gets injured, it may be difficult to find someone to pursue for damages. Ultimately, the property owner has a legal responsibility to maintain everything on his or her land. To be liable for your injury, you would have to prove that the owner caused the crack, spill, or whatever made you fall in some way.
The owner is also considered legally at fault if he or she knew about the defective sidewalk but chose to do nothing about it. If an owner notices that something is faulty and neglects to fix it, it is their fault if you fall.
Lack of Observation
The other main way a property owner is liable is if he or she should have noticed the crack or spill. Even if this points to them simply being unaware of the situation, they may be at fault, because they should be keeping track of the state of their sidewalk.
When it comes down to it, negligence and lack of observation are the most common ways someone can be liable. This can make it a difficult decision for the court. Deciding what someone should have noticed is a more subjective decision than ones made in many other cases. It usually ends up being based on what is considered common sense.
Factors to Consider
When a judge is trying to decide how reasonable it is that the owner left the sidewalk in a poor state, there are a lot of factors to consider. For example, how long had the sidewalk been that way? If it had been that way for a long time, it would point to the property owner as being more at fault. If the sidewalk had been that way for only a short time, the judge would be less likely to side with the plaintiff.
Deciding exactly how much fault is on each party is another complicated task for the judge. If you were not paying attention and could have prevented the injury if you had been watching where you were walking, that could be a large factor in how much fault is placed onto the property owner. Questions like this one help narrow down exactly how much the property owner might owe you in fees.
Defective Sidewalks on Public Property
Defective sidewalks that are on public property provide for an even more difficult case. It can vary intensely between areas. Some locations may mandate that the nearest landowner is the one in charge of maintaining it, whereas in other places the city could be the only one responsible. If the city is responsible, the addition of government logistics and legalities further complicates the case.