Broken Sidewalk Injuries: City Responsibility Versus Private Property Liability

Sidewalks are meant for individuals and loved ones to enjoy the warm weather and spend time with one another. However, when sidewalks are broken or uneven, many pedestrians can suffer from severe injuries, leaving them in a state of fear and panic. Understanding the dangers of sidewalks and what to do if an injury occurs is important in making sure you maintain the safety of yourself and those around you. 

Understanding the Dangers of Broken Sidewalk Accidents 

Sidewalks can deteriorate gradually or become hazardous due to surrounding conditions. The following are common sidewalk hazards that may pose dangers to pedestrians. 

• Cracked or broken concrete
• Raised or uneven sidewalk slabs
• Tree roots pushing pavement upward
• Potholes or missing pavement
• Poorly performed repairs
• Construction-related defects
• Utility work that leaves an uneven surface
• Drainage problems or erosion
• Debris or other obstructions
• Inadequate maintenance

It is important to note that not every sidewalk defect automatically creates legal liability. The circumstances surrounding the defect, including its size, visibility, location, and the conditions at the time of the incident, may affect whether it is considered legally dangerous.

Cities Being Held Responsible

California Government Code Section 835 provides a framework for claims involving dangerous conditions of public property. A public entity may be liable when a person establishes that the property was in a dangerous condition, the condition caused the injury, and the condition created a reasonably foreseeable risk of that type of injury.

Property Owners

California Streets and Highways Code Section 5610 usually places responsibility on owners of lots fronting public streets to maintain adjoining sidewalks so that they do not endanger individuals or properties. However, a statutory maintenance obligation does not necessarily mean that an adjacent property owner is automatically liable to an injured pedestrian.

Dangerous Conditions

A different issue may arise when the property owner's own conduct contributed to or created the sidewalk hazard. Potential liability may need to be evaluated when an owner alters a sidewalk for the benefit of the property, performs construction that damages the pavement, or creates a dangerous condition.

Tree-Root Cases

A pedestrian may see a raised sidewalk next to a private residence and assume the homeowner is responsible. But determining liability can require investigating who owns or controls the tree, who planted it, who maintains it, whether its roots caused the defect, and whether a local law changes certain responsibilities to the neighboring owner.

It is important to note that just because a tree is located near private property may not resolve these questions. The circumstances that caused the sidewalk displacement should be investigated before responsibility is granted to a particular party.

California’s Comparative Negligence Laws

A city or property owner may argue that the injured pedestrian should have noticed and avoided the dangerous sidewalk condition. However, California follows comparative negligence principles. This means that an injured person's behavior may be considered when determining responsibility and damages. The following are issues that may arise. 

• Whether a pedestrian was distracted 
• Whether the defect was visible 
• Whether lighting or other conditions made the hazard difficult to detect 

Types of Injuries that may Occur

Falls caused by defective sidewalks can result in injuries ranging from relatively minor conditions to injuries requiring significant medical treatment. Depending on the circumstances, these injuries may include but are not limited to the following. 

• Wrist, hand, or arm fractures
• Ankle and leg injuries
• Knee injuries
• Shoulder injuries
• Facial injuries
• Head injuries
• Back and neck injuries
• Cuts and scarring

Medical documentation can help establish the nature of an injury, the treatment received, and whether additional care may be necessary.

Speaking to a Legal Professional

Individuals who may be involved in a broken sidewalk accident should consider seeking legal guidance and support to better understand their rights and responsibilities moving forward. Oftentimes, broken or uneven sidewalks can cause severe injuries to individuals and pedestrians on the road. These accidents may also pose serious challenges and complications to those pedestrians and their loved ones. A legal professional may be able to explain applicable California laws, review the facts of your case, and help you understand your rights throughout the claims process. 

Our Legal Team

At KAASS LAW, we understand the challenges and difficulties individuals may face after suffering injuries from a broken sidewalk accident. Our qualified personal injury attorneys may be able to speak to insurance companies on your behalf, help determine potentially liable parties, and preserve necessary pieces of evidence that can be used later on. If you or a loved one has been involved in a broken sidewalk accident, you are not alone. Call KAASS LAW today to learn more about your potential options moving forward.