As a property owner, you have certain legal responsibilities toward visitors. Whether they are guests, customers, local officials completing their duties, or even, in some cases, trespassers, you must keep conditions reasonably safe or warn people about any known dangers to prevent a personal injury. Many don’t realize that, sometimes, this responsibility extends to the sidewalk in front of their homes. Here’s how to determine if and when the rule applies to you.

Who Has Possession?

Depending on where you live, the sidewalk may be owned by the city or individual property holders. However, ownership is not a strict determiner of liability in personal injury cases. Instead, the standard usually involves the concept of possession, which refers to who has physical control and custody of a piece of property, even if that person is not the legal owner. For example, a tenant renting an apartment may have possession of the stretch of sidewalk, in which case they are responsible for keeping it safe to use.

What Conditions Create Liability?

Not everyone who trips and falls on the sidewalk can successfully sue for damages. But if conditions are unsafe, they may have a case. If your sidewalk is uneven, cracked, slippery, or obstructed, these issues will be seen as contributing factors in the plaintiff’s injury, and you may be held accountable for not addressing them.

If there is a sidewalk in front of your home, your best course of action is to maintain it. Shovel and salt the pavement in winter, address any issues of trees and shrubs cracking the surface with their roots, and coordinate with the city to ensure the road stays smooth and well-maintained. This way, you can protect others from personal injury and yourself from liability.

If someone was hurt on or around your property, enlist a lawyer to protect your rights. The three attorneys of Coyne, Cundiff & Hillemann, P.C., serve Lake St Louis, MO, with 75 years of combined experience in the legal field. Their practice specializes in personal injury cases and they offer their clients quality legal counsel and guidance to secure the best possible outcome. To speak with a lawyer about your case, arrange a consultation by calling (636) 561-5599 or reach out online.