If Someone Falls on the Sidewalk in Front of Your House, Are You Liable?

When you or someone you love slips and falls on the sidewalk in front of a house, determining liability can be complex. In Illinois, the legal responsibility for sidewalk maintenance and safety is generally governed by local laws and regulations, which vary by municipality. 

In case of an injury, get legal representation from an experienced Illinois slip and fall attorney who understands the state’s premises liability law. 

General Rule: Public Sidewalks are Municipal Responsibility in Illinois

In Illinois, sidewalks are generally part of the public right-of-way and are typically owned and maintained by the local government, such as a city, village, or township. As a result, municipalities bear the primary responsibility for ensuring sidewalks remain in a safe and usable condition for pedestrians. This includes:

• Repairing Structural Damage: Municipalities must address issues like cracks, uneven slabs, or potholes that create tripping hazards.
• Filling Gaps or Depressions: Depressions in sidewalks that collect water and freeze during winter are also within the municipality’s purview to repair.
• Clearing Debris: Keeping sidewalks free of obstructions, such as fallen branches, leaves, or trash, is typically part of municipal maintenance duties.

Municipalities are obligated to maintain sidewalks under the principle of public safety. However, their liability in case of injuries from a fall may depend on whether they had notice of the hazard and a reasonable opportunity to address it. This rule is subject to specific local ordinances and practices, so the precise scope of municipal responsibility can vary by community.

Exceptions to the Rule

While municipalities are generally responsible for sidewalk maintenance, homeowners may be liable in specific circumstances. These exceptions usually arise when the homeowner’s actions or omissions contribute to unsafe conditions on the sidewalk.

Negligent Maintenance by the Homeowner

If a homeowner has directly altered or damaged the sidewalk, they may be held liable for injuries that result. Examples of negligent maintenance in a slip and fall case include:

• Landscaping Features: Installing landscaping elements, such as decorative stones, tree roots, or planters, that encroach on or disrupt the sidewalk’s surface
• Uneven Pavement: Creating uneven surfaces by improperly modifying the sidewalk, such as pouring additional concrete or installing materials that are not level
• Obstructions: Placing objects like trash bins, construction materials, or parked vehicles on the sidewalk, forcing pedestrians to navigate around hazards

If a homeowner’s actions cause or contribute to a dangerous condition, injured parties may file a claim against the homeowner. Illinois law considers whether the homeowner knew or should have known about the hazard and whether they took reasonable steps to address it.

Factors That Determine Homeowner Liability

Homeowner liability for accidents on sidewalks in Illinois depends on several factors, including:  

Alterations or Obstructions

Homeowners may be held liable in an injury claim if they make alterations to the sidewalk or create obstructions that lead to someone’s injury. Specific examples include:

• Installing Decorative Elements:
  • Homeowners who install decorative bricks, stones, or other materials to improve curb appeal may inadvertently make the surface uneven or slippery.
  • Uneven materials can create tripping hazards, especially for pedestrians who are elderly or have limited mobility.
• Landscaping Issues:
  • Allowing tree roots to grow unchecked can cause the sidewalk to crack or lift, resulting in an uneven surface.
  • Planted shrubs or bushes that encroach on the walkway can obstruct visibility or force pedestrians to step into unsafe areas.
• Obstructing the Walkway:
  • Leaving trash bins, construction materials, or other objects on the sidewalk can block pedestrian access and lead to trips or falls.
  • Parking vehicles on or near the sidewalk can limit space and force pedestrians to walk on potentially unsafe ground.

Property Owner’s Knowledge of the Hazard

To establish liability in city sidewalk cases, victims must prove that the property owner knew—or should have known—about the dangerous condition. This can be broken into two categories in case of slip and fall accidents in Illinois:

• Actual Knowledge:
  • The homeowner was explicitly aware of the hazard.
  • For instance, if a neighbor reported a broken sidewalk or the homeowner personally observed tree roots damaging the pavement, this constitutes actual knowledge.
• Constructive Knowledge:
  • Even if the homeowner was not directly informed, they may still be liable if the hazard was visible and had existed for a sufficient period.
  • Illinois law applies a “reasonable person” standard, meaning a reasonably attentive homeowner would have noticed the issue during routine use of their property.

Factors Courts Consider for Constructive Knowledge

• The length of time the hazard has been present
• Whether the defect is obvious and visible
• Whether the homeowner took reasonable steps to inspect and maintain the area

Common Injuries Associated with Sidewalk Falls

Sidewalk falls can result in various injuries, ranging from minor to severe. The nature and extent of these injuries may depend on the surface condition, fall impact, and the victim’s physical health. You should seek prompt medical attention even if the injury symptoms are not immediately apparent. Common injuries include:

• Fractures and Broken Bones: Wrists, ankles, hips, and forearms are particularly susceptible when attempting to brace a fall. Hip fractures are especially common among older adults and may require surgery or rehabilitation.
• Head Injuries and Traumatic Brain Injuries (TBI): Falls can cause concussions, skull fractures, or more severe brain trauma. Symptoms may include dizziness, headaches, memory loss, or cognitive impairment.
• Back and Spinal Cord Injuries: Slips can cause herniated discs, fractured vertebrae, or nerve damage. Severe cases can lead to paralysis or chronic pain.
• Cuts, Lacerations, and Soft Tissue Injuries: Sharp pavement edges can cause cuts, bruising, or scrapes, leading to scarring or infections.
• Dislocations and Joint Injuries: Shoulder, knee, or hip dislocations may occur during awkward falls and require repositioning or surgery.
• Sprains and Strains: Ligament tears or muscle strains, particularly in the ankles, knees, or wrists, are frequent. These injuries may limit mobility and require physical therapy.

How Your Illinois Slip and Fall Accident Lawyer Will Prove Liability

In a personal injury case, the injured person bears the burden of proof to establish liability of the negligent party for their injuries, medical bills, lost income, and emotional distress. An Illinois public sidewalk slip-and-fall accident lawyer will gather strong evidence to demonstrate negligence by the homeowner or municipality.

Photographs and Videos of the Hazard

• Visual Documentation: Photos or videos showing the hazardous condition (e.g., uneven pavement, icy patches, or obstructions) at the time of the accident
• Time-Stamps: Ensuring the images have time-stamps to establish when the hazard existed
• Weather Conditions: Photos of weather-related hazards like ice, snow, or water pooling can demonstrate improper maintenance

Witness Testimonies

• Eyewitness Accounts: Statements from people who saw the accident or were familiar with the hazardous condition
• Neighbors or Residents: Testimonies from those who can confirm the homeowner’s or municipality’s awareness of the hazard or their failure to address it
• Emergency Responders: Input from paramedics or police officers who documented the scene

Property Maintenance Records

• Inspection Logs: Records showing when the sidewalk or property was last inspected or maintained
• Snow and Ice Removal Records: Proof of whether the homeowner or municipality complied with local snow removal ordinances
• Repair Records: Evidence of previous repair attempts that may have been insufficient or improperly completed

Surveillance Footage

• Security Cameras: Footage from nearby properties or traffic cameras that may have captured the accident or the hazardous condition
• Public or Business Cameras: Surveillance from municipal buildings or nearby businesses documenting the condition of the sidewalk or area

Police and Incident Reports

• Official Reports: If law enforcement was called, the police report may describe the hazard and assign preliminary fault
• Municipal Complaints: Documentation of previous complaints filed with the municipality about the same hazard

Weather Reports

• Weather Data: Historical weather reports to confirm conditions at the time of the accident, such as ice, snow, or rain
• Natural vs. Unnatural Accumulation: Evidence to distinguish between naturally occurring hazards and those caused by homeowner negligence

Knowledge of the Hazard

• Proof of Awareness: Evidence that the property owner or municipality knew (or should have known) about the hazard. This could include:
  • Prior complaints from residents or pedestrians
  • Visible signs of long-standing hazards, such as cracks or ice buildup
• Negligence in Addressing the Hazard: Documentation proving a failure to address the issue within a reasonable time

Local Ordinances and Regulations

• Sidewalk Maintenance Rules: Evidence showing whether the homeowner or municipality violated maintenance responsibilities

Physical Evidence from the Scene

• Hazardous Objects or Materials: Items like broken pavement pieces, improperly applied salt, or debris from the accident scene
• Footwear or Clothing: Your shoes or clothing may contain evidence, such as residue from the hazard (e.g., ice or mud), supporting your claim

Get Our Dedicated Illinois Slip and Fall Accident Attorney on Your Side

If you have been injured in a sidewalk accident due to someone else’s negligence, the Law Office of Jack M. Shapiro, P.C. is ready to provide you with the high-powered legal representation you need. 

We have the experience and resources to take on negligent property owners, municipalities, and insurance companies to recover compensation for your medical expenses, lost wages, and pain and suffering. To schedule your free consultation, call us at (847) 243-8917 or contact us online.