I tripped on a broken sidewalk and smashed my kneecap! Whose fault is it?

United States
August 28, 2012 10:47pm CST
Jim and I were walking the dog this afternoon. Yoda was terribly excited and even Jim was having a problem keeping him in a straight line. Jim decided on a different route (I don't like to take Yoda the same way more than 2 days because he gets bored) today; Yoda even did his business quickly and was enjoying the neighborhood. Coming home, Jim tried to get Yoda to pick up the pace (he was worried about being late for work) and got a bit ahead of me. I have multiple sclerosis, and for many years, I walked with my head down because I wasn't confident in my gait. But today I was looking ahead at Jim, and suddenly I came upon a particularly rough patch of sidewalk. One edge sticks up about 3 or 4 inches, and that's where I got tripped up. I landed hard on my left knee, hitting my hands and was unable to stop-I even hit my nose hard enough to start a nose bleed! Jim didn't even hear me hit the ground-it was when I cried out after I hit before he turned around. I was crying (which I don't do often) and at first refused to move. My left knee was throbbing and it was hard for me to get to an upright position because I was afraid to bend it. A woman in the neighborhood came over and asked if everything was alright; she called 911 and then went home to get me some tissues because my nose had started bleeding. Soon, the police and ambulance showed up, and then neighbors started popping up. Jim had run Yoda home, and came back with my phone (which had my ID). Two people helped me to a standing position and I leaned against the porch behind me. The paramedic looked at the way I was standing, and then asked me if I had MS-it shocked me because no one ever knows unless I tell them. I refused to take a ride to a hospital (no health insurance), my knee was bandaged up and now I've been home about 5 hours. My knee is starting to throb (I had it bent too much), but other than some scrapes and the bandage, I'm no worse for the wear. We'll see tomorrow how I feel. And I'm calling the zoning office (at the suggestion of the officer); the water company had done some repair work to the sidewalk in the past, but now it's severely damaged. If they don't take responsibility for the sidewalk, I'll be contacting the owner of the property. I hope it doesn't get serious, but if my knee is permanently damaged (my kneecap hit the sidewalk pretty hard), someone had better be prepared to pay for this. I've never pursued a legal case involving my own injury before-have you ever had to fight for medical expenses to be covered? I'm not even sure exactly who is responsible in this case.
2 people like this
8 responses
• Australia
29 Aug 12
I don't know about the US, but here, especially if there was no warning sign, you'd probably have a good civil case for damages against the local council, whose responsibity it is to upkeep pavements and public roads. If not the council, then whoever is responsible for the pavement upkeep. It would do no harm to ask nearby neighbours how long that stretch has been damaged, and whether anybody has complained about it previously. Lash
1 person likes this
• United States
29 Aug 12
Lash- The woman who first came to my aid lives across the street-she didn't notice how long it had been damaged, but at least since April (when we moved here). In my opinion, it looks like it's been longer, although the paint markings for the water main look fairly recent. Since the town would be responsible for that section of the sidewalk but not for the second one, I think I'll have to pursue the homeowner. The sidewalk had to one of the worst I've ever seen. Thanks for your suggestions!
1 person likes this
• United States
29 Aug 12
Lash-I'm not really sure yet who is responsible. I called the town's municipal offices, but I need an address before they can do anything. But this does not look like it's something new, and somebody will be paying for any medical bills I incur. I think that someone should have kept up with ensuring the township to make the repairs. ShiroiNooto-Since I'm not sure yet of exactly where I fell (I should have gotten the address but I was in considerable pain and didn't look at the house), no one will take responsibility. I guess we'll see, especially after I remove the bandage to bathe. I'm afraid that it could be more than a severe bruise, and since I don't have insurance, this could be very expensive for me.
• Australia
29 Aug 12
I'm puzzled that the homeowner even comes into this, since here we are not allowed to do anything with our sidewalks except keep them clean lol. If I have done nothing to my sidewalk, how can I be responsible for causing an accident of this kind? Lash
@KOSTAS499 (1624)
• Greece
29 Aug 12
I hope it is just something that will go away soon. Knees are very sensitive. I have fallen on my knees a few times and it hurts but it is not always permanent. Only the city can be blamed for this. Or maybe the contractor, if it wasn't the city. Then you have to blame the contractor and the city. But the most important thing is that you get better.
1 person likes this
• United States
29 Aug 12
Thank you Kostas. My knee still hurts pretty bad-eventually, I'm going to have to unwrap my bandages and take a look. As for blame, it's a combination of the men (or women) who worked on the water main, as well as the homeowner. I think I'm going to contact a lawyer and see what they suggest. Thanks for your concern
@KrauseHome (36448)
• United States
30 Sep 12
I had an issue where I fell next door and hit both legs quite hard and even limped for a couple of months because of it. The neighbor even seen when I fell but never offered to take me to a doctor and even checked to see if I was OK. I think in my case she did not have insurance. But in your case looking into this is a good thing ... hope something good became of this.
• United States
2 Oct 12
Oh my, you hit BOTH knees at once? Wow, I thought that just hitting my left knee that hard was bad, but to knock both out is terrible! Even if your neighbor didn't have insurance, the very least she could have done was come out and check to see if you were okay. I'm posting a new discussion with the results in a moment. So far, so good-I've got a horrible bruise that began on the inside of my left kneecap and has slowly traveled to the outside of it-I can't wear skirts because it looks so bad! It gives me a few problems, but that was probably because I pushed too hard too fast.
@ShepherdSpy (8544)
• Omagh, Northern Ireland
29 Aug 12
Here in the UK,where a local council would be in charge of public maintenance such as pavement upkeep,there's a point where it passes from being your fault for not being aware of the footing,to theirs for the footpath being the cause..I don't have details of the parameters,but it's something to do with the kerb being of a height to stumble someone,or a hole deep enough to cause a fall..If you're injured,it might be worth seeing what your options are -get photos of where it happened..
• United States
29 Aug 12
We have a department of Public Works; they are supposed to be responsible for any property owned by the city. In this case, the sidewalk block immediately next to the one I tripped on has a water main. That's where the city comes in-they have jurisdiction over that particular block; the one next to it was probably damaged as a result of them tearing up the first block. This was a substantial height difference-I'll probably go back tomorrow with Jim (I'm not going to attempt to walk that far alone) and take pictures with a ruler to demonstrate the height discrepancy.
1 person likes this
@WakeUpKitty (8694)
• Netherlands
30 Aug 12
If the sidewalk is property of the government/city you can put your claim over there. At least that is the way it works over here (the Netherlands).
• United States
17 Sep 12
I called the council office and it appears to be the homeowner's responsibility to maintain the sidewalk. I'm sending him a letter and asking him to pay for the ambulance bill and to have his sidewalk repaired by the end of the month.
@cfeist02 (22)
• United States
29 Aug 12
Sadly I doubt the city will take responsibility. Being that it is sidewalk the homeowner does not own it and will not have to do anything about it. Sidewalks are a minor thing on the list of things that cities need to fix (roads, road signs, ect). I hate to sound mean but people everyday trip and fall in all kinds of places, I myself am a clutz, and most likely you will have to handle the medical bills.
1 person likes this
• United States
29 Aug 12
I'm used to the homeowners being responsible (I had to pay a HUGE bill when my sidewalk and curbs were replaced), but the officer that responded observed that it was because the water company had obviously done work on the main in the block next to the one I tripped on. He suggested that I start with the zoning office. I don't plan to stop there-if I don't get help at that point, I'll go after the homeowner. It's SOMEONE'S responsibility and the sidewalk is sticking up 4 inches. That is negligence.
1 person likes this
@cher913 (25782)
• Canada
29 Aug 12
generally, i would say that the city or town you live in is responsible for the care and maintenance of the sidewalks. i suggest you call them, but i think you are right in consulting a lawyer first.
• United States
29 Aug 12
I just called the town offices where I live; they also suggested it was the homeowner's problem, but without an address, I can't do anything. I'm stuck for now because my boyfriend (who works overnights) is asleep and I'm not comfortable going out alone now. I just hate having to lose a third of a potential award for a lawyer, but that might be my next step. Thanks!
@shaggin (72011)
• United States
29 Aug 12
Even though it was the sidewalk on the homeowners property I dont think they should be the ones responsible I think if the water company had messed up the sidewalk it should have been their responsibility to fix it and then maybe you wouldnt be hurt right now. I hope that your bills will be covered.
• United States
29 Aug 12
Thanks shaggin. Guess I have to lose a third of the money to a good lawyer then because I doubt that the city will take responsibility. Somehow I think that it'll become MY fault because I should have been watching where I was going. I could have been perfectly fine-the sidewalk had a piece that was stuck up at least 3 to 4 inches in the air! Last I knew, that was a major obstruction that didn't exist. Well, off to call the zoning office to see what they have to say.