Pedestrian Awarded $15,000 for Sidewalk Slip-and-Fall

Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.

In Ramos v. City of Waterbury, a pedestrian sued the city for injuries suffered when she fell on a sidewalk curb that was uneven and in need of repair. According to Connecticut law, a person injured by means of a defective road or bridge may recover damages from the party responsible for keeping it in repair. However, this statutory duty requires that the pedestrian provide written notice and general description of the injury to the municipality within 90 days of the accident. In order for the pedestrian to prove the city’s breach of their statutory duty, she must prove that: (1) the sidewalk curb was defective; (2) the city actually knew, or should have known, about the defect; (3) the city, having such knowledge, failed to fix the defect in a reasonably amount of time; and (4) the defect must have been the sole cause of the injury to the pedestrian.

On October 17, 1999, the pedestrian exited her house and fell on the sidewalk which was uneven and in a state of disrepair. She sustained injuries to her right ankle and torso. The pedestrian requested the court award non-economic damages for her injuries. In law, non-economic damages compensate individuals for non-monetary losses, which are not readily quantifiable. Examples include pain-and-suffering, loss of future enjoyment, and loss of companionship. These damages are subjective, and determined by the jury or finder of fact. In the case at hand, the pedestrian claimed lost wages, pain and suffering, a diminution in her earning capacity, a claim for future disability, and a loss of life’s enjoyments. The court awarded $15,000 for the plaintiff’s pain and suffering.

The city moved to dismiss the case, because in the pedestrian’s required notice, she wrote “52 Madison Avenue” for the address of the incident. The correct address was “52 Madison Street.” The court found that this mistake had no intention of misleading the city, nor was the city actually misled by this minor error. In this respect, the court rejected challenges to the sufficiency of the pedestrian’s notice.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained. 

Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source:Ramos v. City of Waterbury, 2007 Conn. Super. LEXIS 1629, 2007 WL 2035131 (June 21, 2007)