I was at a carnival this past weekend. After getting off one of the rides and walking on the sidewalk to get on another ride, I tripped over something on the sidewalk (a hose or electrical wire or something) and fell, injuring my arm and shoulder. I was taken to the hospital. The doctor told me that I may have a torn rotator cuff. My question is who is responsible for the sidewalk (and hose or electrical wire) where I tripped and fell?
Good question. Your claim would probably be brought as a premises liability action. In a premises liability action, the person in possession and control of the premises is the person responsible for maintaining the premises. The owner of the property is not necessarily the responsible party. The reasoning behind this rule is that the person in possession and control of the property is in the best position to prevent harm to others. Thus, the person who was in charge of maintaining that area of the sidewalk, including the hose or electrical wire, at the time of your fall was the person responsible.
You may also be able to bring a negligence action against the person who actually placed the hose or electrical wire on the sidewalk for not acting reasonably and not exercising due care and caution in placing the hose or electrical wire.
Please call or email me if you have any legal questions. I offer a free initial consultation. And remember, we do not get paid unless you win!