A broken, raised or crumbling sidewalk or walkway can cause a serious fall. When a sidewalk is kept in a condition that presents an unreasonable risk of harm to a person using ordinary care, the party responsible for it may be liable under certain circumstances.
Public sidewalks and the Tort Claims Act
Many sidewalks are owned or maintained by a city, county or the state. Claims against government entities are governed by the Mississippi Tort Claims Act, which has its own rules for notice, immunity, deadlines and limits on recovery. In general, a written notice of claim must be served at least 90 days before suit, and the suit must be filed within one year (Miss. Code Ann. § 11-46-11). Some claims against government entities are barred by immunities in the Act.
Private walkways
Walkways at stores, apartment complexes and office buildings are generally the responsibility of the property owner or manager, and the ordinary premises liability rules apply. Testimony from an engineer or architect is sometimes needed to show that a walkway was defective.
What to do
- Get medical care and keep your records and bills.
- Report the incident to the owner or manager and note who you spoke with.
- Photograph the scene and the condition that caused the injury, and get witness names.
- Ask that any surveillance video be preserved. It may be erased quickly.
Deadlines
Most claims against private property owners must be filed within three years (Miss. Code Ann. § 15-1-49). If the property belongs to a city, county or state agency, the Mississippi Tort Claims Act generally requires a written notice of claim at least 90 days before suit and a lawsuit within one year (Miss. Code Ann. § 11-46-11). Missing a deadline can bar the claim completely.
Comparative fault
If the injured person was partly at fault, Mississippi law reduces the damages in proportion to that fault rather than barring the claim (Miss. Code Ann. § 11-7-15).
Talk with a Jackson, Mississippi lawyer
Have questions about defective sidewalks? Call (601) 355-9600 (Monday–Friday, 9 a.m.–5 p.m.) or send us a message to arrange a confidential consultation.
Our only office: 355 S. State Street, Jackson, MS 39201, next to the Hinds County Chancery Courthouse. We serve clients throughout Jackson and central Mississippi.
This page provides general information, not legal advice. Every situation depends on its own facts, and reading this page does not create an attorney-client relationship.