A: The key question is whether the City had 'notice' of the defect you fell over. Did they know about the condition and fail to fix it in time to prevent your accident? If they didn't have actual written notice, was the defect large and significant enough so that they should have known about it? The answer to those questions will help determine whether we are able to prove that the City was responsible for your injuries. Remember, there may have been construction in the area where you fell that may have contributed to creating the defect you fell over. With a claim against the City, you must file a notice of claim within 90 days of the date of the incident! This must be done correctly to protect your legal rights.