Slips, trips, and falls are some of the most common causes of personal injury across the country, and uneven sidewalks or poorly maintained walkways are frequent culprits. Falls result in over 8 million emergency room visits each year, making them one of the leading causes of nonfatal injuries in the United States. When someone has tripped and fell on uneven pavement, the consequences can include severe pain, lost wages, and unexpected medical expenses.
At The Law Firm of Aaron A. Herbert, P.C., we represent victims in Dallas who deserve fair compensation when property owners or local authorities fail to keep public spaces safe.
Why Uneven Pavements Can Cause People To Fall?
Sidewalks and pedestrian pathways in Dallas can deteriorate from weather, tree roots, or a lack of proper maintenance. Even a slight elevation change between concrete slabs can create a serious tripping hazard. Many cities, including Dallas, have ordinances requiring property owners or the municipality to maintain these areas. When those responsible fail to act, pedestrians are placed at risk.
Uneven pavements are especially dangerous at night or in poorly lit areas with low visibility. People carrying items, older adults with balance concerns, and children running or playing are particularly vulnerable. These environmental factors and poor upkeep create a recipe for serious accidents, highlighting why legal accountability is so important.
How Can You Prove Government Negligence?
When the fall occurs on a public sidewalk or street, the city may be legally responsible if it failed to maintain reasonably safe conditions. Proving negligence requires showing that the government knew or should have known about the hazardous pavement but did not repair it on time. This can be challenging, but certain types of evidence strengthen a case:
- Photographs of the uneven pavement, the defect itself, and your injuries
- Witness statements confirming the fall
- Medical records documenting treatment
- Official reports filed with the city or property owner
- Proof that the hazard was previously reported but ignored
Beyond evidence, reporting the incident quickly is essential. Identifying who owns or controls the pavement, filing an official report, and keeping copies of all communications helps protect your rights. Courts may also consider the trip hazard threshold, which generally means the defect must reach a certain height difference, often around an inch or more, to be legally recognized as hazardous. In legal terms, municipalities owe pedestrians a duty of care. When they breach that duty by ignoring unsafe walkways, they can be held liable for resulting injuries.
Victims should also be aware of strict deadlines for filing a notice of claim against a government entity in Texas. Failing to act within the statutory time limit could prevent you from pursuing compensation altogether, making it crucial to begin the process promptly.
Common Injuries From Tripping and Falling
Uneven pavement can cause sudden, unexpected falls that lead to serious injuries. Common outcomes include:
- Fractures and broken bones
- Sprains and torn ligaments
- Head trauma and concussions
- Soft tissue damage
According to the Mayo Clinic, concussions are one of the most common injuries from falls, particularly among older adults. Recovery times vary widely, and some victims require extensive medical treatment and rehabilitation. These physical challenges are often accompanied by financial strain and emotional stress, which may be recoverable in a legal claim.
In more severe cases, victims may experience:
- Spinal cord injuries
- Hip fractures
- Long-term disabilities
These outcomes may require months or years of therapy and, in some situations, permanent lifestyle adjustments. Documenting every stage of treatment not only supports recovery but also builds a stronger compensation case.
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Who Is Liable for a Premises Liability Accident?
Premises liability is the area of law that holds the owner or controller of a property responsible for injuries that occur on that property. A property owner will only be liable for an injury, however, if the owner was negligent in preventing the injury. Negligence is the failure to use a normal amount of care or prudence for a situation. A property owner in Texas is negligent if he or she fails to keep a property reasonably safe for visitors. Property owners have three basic duties of care:
- Inspect land, buildings, roads and sidewalks for trip and fall hazards.
- Repair any discovered or already observed injury hazards.
- Warn visitors of defects that exist on the property that might not be obvious.
A property owner may not have all of these duties if the visitor is a licensee – someone who enters the property for their own purposes – or a trespasser. However, invitees, or guests invited to the property, are owed the highest duties of care. If a property owner does not meet his or her duty of care, the owner could be held liable for a resultant accident. In other words, liability will go to a property owner if another owner would have prevented the fall accident in similar circumstances.
Private vs. Public Property
Determining liability after you fall on an uneven sidewalk or street requires an investigation into who owns or controls the property. If you fell on someone's private property, such as a private driveway or road, the individual owner of the property could bear responsibility for your accident. In most cases, a homeowners insurance company will pay for injuries to others that arise because of property defects.
If you fell on a publicly owned sidewalk or street, however, the government entity that owns the land may be liable. If you fell on a public sidewalk in downtown Dallas, for example, the City of Dallas may have to pay for your accident and injuries. Municipalities have the same responsibilities as private property owners to maintain safe premises. If there is evidence that the government entity in charge of maintaining safe roads and sidewalks knew or should have known about a hazard but failed to remedy it, the municipality is liable for your injuries.
Compensatory Damages From Tripping And Falling On Uneven Pavement
Victims in Dallas may seek compensation for both economic and non-economic losses. Under the Texas Civil Practice and Remedies Code, Section 41.001(4), damages can include:
- Economic damages, which cover measurable financial costs such as medical bills, lost income, and rehabilitation expenses
- Non-economic damages, which may account for pain, suffering, and reduced quality of life
In severe cases, injuries from a trip and fall can alter a person’s ability to work or participate in normal daily activities, making fair compensation critical.
Courts will often examine:
- The degree of negligence
- The extent of the injuries
- The long-term impact on the victim’s life
Because every case is different, outcomes can vary widely, so having strong documentation and representation is key.
Get Your Free Case Review With Our Slip And Fall Lawyer Today
At The Law Firm of Aaron A. Herbert, P.C., we understand how overwhelming it can be to face the aftermath of a fall caused by unsafe pavement. Our Dallas legal team is dedicated to guiding clients through the legal process and working tirelessly to pursue justice.
Call us at (214) 200-4878 for a free case review and let us help you seek the compensation you deserve.
Please read: I Tripped and Fell on My Knee