Advise & Consult, Inc. | August 26, 2015
Lancaster County District Judge Andrew Jacobsen, in Nebraska, dismissed Dawn Amory’s lawsuit which blamed Lincoln, Nebraska officials for not finding and then fixing a section of sidewalk tile that was raised approximately one inch.
Amory’s suit against the city was for more than $19,000 for medical expenses that she incurred after tripping and falling which resulted in a broken pelvis four years ago.
Part of the reason for the dismissal was that Amory didn’t show any neglect by the city in any of its 1,500 miles of sidewalks that it maintains. Also, no one prior to this incident, complained about this or similar problems and that Amory herself had run through this same area at least 20 times prior to the day that resulted in her broken pelvis.
There is a greater burden of proof that is placed on the victim in these types of cases. Municipalities, as well as our taxes, would be stretched beyond recognition if they were to not only find, but then repair or replace, and “prevent” every possibility that could cause someone injury. There is already a certain amount of stretching that cities currently do in defending these types of cases.
Most states have a “first notice” statute which must first make these officials aware of possible dangerous conditions and then a reasonable amount of time for them to remedy the situation. This would be similar to the timeframes for snow removal and how often they must plow and re-plow.
Regardless of the situation, the experts at Advise & Consult, Inc., are ready to help in your personal injury case. We have an unbiased track record as expert witnesses in representing victims, municipalities, commercial properties, residential properties and homeowner associations, as well as work site injuries in matters where some aspect of construction has come into question in the safety of the property. We are happy to talk with you and look into your case for you.