syn
Senior Member
But you took care by walking on the very thing you are basing your claim on: the poor state of the sidewalk.
And understand this: I'm not putting you down. I think the state of many sidewalks this winter is poor - and your experience is just one more piece of evidence to underscore this point. But when you go to court and say that you saw, and then walked on, an ice-covered sidewalk, you may not get the restitution you seek because you admitted to being aware of the danger of an ice-covered sidewalk.
The property owner you (may) wish to sue might not have been aware of the state of the sidewalk. They might very well argue that they can't be held responsible for what you knew and what they did not know. That would put you in a bind.
I'd have to agree. "Taking care" in this case would've been to walk around the obstacle. The next question that would likely come up is "Was it reasonable to consider walking around it?" If this was your typical city sidewalk, then the answer could very well be yes. I've taken alternate (and quite a few times, longer) routes to bypass areas with heavy ice coverage.
Since you've already conceded you were aware of how icy the sidewalk was CDL, you'd probably have to convince the judge that there was no other reasonable way around it and that you were forced to take that route.
I'm not sure exactly how much it would cost to fix, but small claims court can be very time consuming. It can also be a hassle to get the money since you have to enforce rulings yourself. I'd really consider whether or not it's worth it if you decide to go that route. Based on the information provided you could have a tough case.
...because the alternative would be to walk on the road...where, if he'd been hit, or fallen down...don't you think it would be blamed on him as well?
If there's no way to pass through an icy sidewalk, what should he have done?
If he was hit by a car I don't think you can use the same reasoning. It's not necessarily dangerous to walk on the road. Pedestrians always have the right of way. If he took care to ensure the way was clear for what would've been a detour of a few seconds and a negligent driver hit him I don't think any judge would rule against him.
I don't know the situation, but as I mentioned above if it's like your typical city street it shouldn't be too difficult to find an intersection to cross at. I've done that occasionally if I knew I was carrying something important. It can be a hassle, but then better safe than sorry.