Sidewalk Negligence

Like the owner that is responsible for a parking lot, owners of businesses are also responsible for the sidewalks surrounding their property. If the owner has knowledge of any defect or a dangerous condition on the sidewalk, they have an obligation to either fix the area or to warn others about it. Common causes of sidewalk injuries include icy sidewalks, potholes, cracked walkways, tree roots, obstacles in the sidewalk and other signs of disrepair. The following are examples of sidewalk accidents that we have handled in Kentucky and Indiana:

1. Marilyn M., a jeweler from Louisville, Kentucky was injured in at Outback Steakhouse located in Clarksville, Indiana. As she was entering the restaurant to meet a friend for dinner, the restaurant had recently done some landscaping work and had removed divots of grass around the sidewalk area and not refilled these with either grass or sod. As a result, these removed areas of sod resulted in hidden holes that formed a hazardous drop off between the ground and the sidewalk. As the woman entered the Clarksville, Indiana restaurant, she stepped in one of these areas and fell on her right shoulder, right arm and right wrist and hand. Upon seeking medical treatment, it was revealed that she had a fractured wrist and a broken finger. In addition, she had to undergo significant physical therapy. The insurance company for the restaurant refused to settle the claim before a lawsuit was filed. The case ultimately was resolved at mediation shortly before the trial was to begin in Clark County, Indiana.
2. Diane W., a Wisconsin woman vacationing in Louisville, Kentucky for Derby was injured while walking on a sidewalk located next to a mall. The woman was injured when she tripped over raised, cracked and uneven concrete on the sidewalk. The shopping center had failed to keep the sidewalk in a safe condition for the public. When the woman fell, she injured her right arm, right elbow and left knee. She was ultimately diagnosed with a right radial head fracture. She underwent physical therapy. The claim was resolved with Traveler’s Insurance, the insurance company for the shopping mall before the lawsuit had to be filed in Jefferson County, Kentucky.