Sidewalks are an important part of everyday life in California. They allow pedestrians to walk on a designated place through neighborhoods, business districts, shopping areas, and public spaces. Although most people use sidewalks without giving much thought to their surroundings, cracks, uneven pavement, debris, poor lighting, and other hazards can create a risk of serious injury. When a person is injured because of a dangerous sidewalk condition, determining responsibility may be more complicated than it initially appears. Understanding how premises liability may apply to sidewalk accidents can help injured pedestrians determine what steps may be appropriate after an incident.
What May Cause a Sidewalk Accident
Sidewalk accidents can happen for many reasons. Some hazards develop gradually because of weather, tree growth, or deterioration, while others may result from construction, maintenance problems, or objects placed in pedestrian pathways. Common sidewalk hazards may include the following.
- Cracked or broken pavement
- Uneven or raised concrete slabs
- Tree roots pushing pavement upward
- Potholes or missing sections of pavement
- Loose gravel, rocks, or construction materials
- Water, oil, or other slippery substances
- Poor drainage or standing water
- Debris or objects obstructing a walkway
- Inadequate lighting
- Unsafe construction zones
- Damaged utility covers
- Unexpected changes in sidewalk elevation
Not every sidewalk defect creates legal liability. Whether a condition may support a premises liability claim depends on the nature of the hazard, who controlled the area, how long the condition existed, and whether the responsible party knew or reasonably should have known about it.
Types of Injuries
A sudden trip or fall can cause significant injuries, especially when a pedestrian lands on concrete or another hard surface. Possible sidewalk accident injuries may include but are not limited to the following.
- Sprains and strains
- Broken bones
- Wrist and hand injuries
- Knee injuries
- Back or neck injuries
- Head injuries
- Cuts and abrasions
- Shoulder injuries
Some injuries are immediately visible, while others may become more noticeable in the hours or days following an accident. Seeking appropriate medical attention can help address injuries and create documentation regarding the person's condition following the incident.
Premises Liability Laws
Premises liability is usually based on negligence principles. In California, a premises liability claim typically involves questions about whether a defendant owned, leased, occupied, or controlled property, whether the property was negligently maintained, whether the person was harmed, and whether the negligence was a significant factor in causing that harm. Property owners and others who control premises may have a duty to exercise reasonable care in managing and maintaining property. However, liability is not automatic simply because an injury occurred.
Who is Liable?
Determining responsibility is often one of the more complicated aspects of a sidewalk injury claim. Depending on the circumstances, potentially responsible parties may include, but are not limited to, the following individuals.
- A private owner
- Commercial property owner
- Tenant
- Property management company
- Contractor
- Maintenance company
- Government entity
The location of the sidewalk alone does not necessarily determine responsibility. As a result, an investigation may help individuals understand who owned or controlled the area, who was responsible for maintenance, whether someone created the hazard, and whether local laws assign specific responsibilities.
Accidents on Public Property
When a sidewalk is owned or controlled by a city, county, or another public entity, different legal requirements may apply. Claims involving government entities can involve specific procedures and shorter deadlines than many claims against private individuals or businesses. Since missing an applicable government claim deadline may affect a person's ability to pursue a claim, injured pedestrians may wish to speak to a legal professional who can explain the legalities of their claim moving forward.
Preserving Important Evidence
If circumstances allow, documenting the accident location soon after the incident may help preserve information about the condition that caused the fall. Useful evidence may include the following.
- Photographs and videos of the sidewalk
- Measurements of cracks or elevation differences
- Photographs showing the surrounding area
- Witness contact information
- Incident reports
- Information about nearby surveillance cameras
It is important to understand that conditions can change quickly. A sidewalk may be repaired, debris may be removed, or weather conditions may change. Early documentation can help establish what the location looked like around the time of the accident.
Comparative Negligence Laws
California follows a comparative negligence system. This means the behavior of more than one party may be considered when determining responsibility for an accident. The circumstances surrounding the accident, including the visibility and nature of the hazard, may be relevant when determining each party's portion of responsibility.
Recoverable Damages
When supported by the facts and applicable law, an injured person may seek compensation for losses associated with an accident. Depending on the circumstances, these may include but are not limited to:
- Medical expenses
- Future medical care
- Lost income
- Reduced earning capacity
- Physical pain or other non-economic harm.
The types and amounts of damages available vary from case to case. No specific outcome or amount of compensation can be guaranteed based only on the fact that a sidewalk accident occurred.
Seeking Legal Guidance and Support
After an injury, it may be helpful to determine who owned or controlled the location where the accident occurred and whether the sidewalk had previously been reported as dangerous. Seeking legal guidance and support may help individuals understand their personal injury claims and seek potential compensation for their losses.
The Legal Team At KAASS LAW
A qualified personal injury attorney from KAASS LAW may be able to examine photographs, maintenance records, surveillance footage, and witness statements after a sidewalk accident occurs. KAASS LAW can also review the circumstances surrounding a sidewalk accident and discuss the legal issues that may apply. If you have suffered injuries from a sidewalk accident, you are not alone. Call KAASS LAW today for a confidential consultation and to learn more about your legal rights moving forward.