Uneven Sidewalk Trap: When California Law Holds the City or Owner Accountable
For many families, going on walks and spending time outside creates a sense of joy and relaxation. However, uneven sidewalks may cause severe injuries if adequate safety measures are not implemented. Understanding the safety risks and concerns of uneven sidewalks is crucial to decreasing or preventing injuries. If an injury does occur, it is important to understand who is to be held liable. When sidewalks are not properly maintained, accountability can fall on public entities and not the individual suffering the injury.
Why Uneven Sidewalks Are More Dangerous Than They Appear
Dangerous sidewalk conditions happen over time. This is a result of sudden weather change, soil movement, and expanding tree roots. All of the factors shift the concrete slabs, causing sidewalks to become uneven and hazardous. Individuals should always pay attention to the sidewalks they frequently walk on and watch out for signs of uneven or rough terrain. This will help decrease the risk of injuries. Premise liability laws shift focus to whether the city knew or should have known about the dangerous condition. The following are prone to serious injuries from uneven sidewalks:
- Older adults
- Children
- Individuals with mobility restrictions
- Runners
- Pedestrians
These accidents often lead to:
- Wrist fractures
- Facial injuries
- Knee trauma
- Hip fractures
- Head injuries
Public Property Liability in California
Individuals who have suffered injuries while being on public property are allowed to pursue a claim and seek compensation from a public entity if specific legal requirements are met. A city or municipality may be liable when:
- A dangerous condition existed
- The condition created a reasonably foreseeable risk of injury
- The public entity had notice of the condition
- The entity failed to repair or warn within a reasonable time
Notice also plays a key role in determining accountability. Examples of this include the following:
- Prior complaints
- Maintenance records
- Inspection reports
- Previous accidents
- Visible deterioration has been present for a long period
To determine liability, courts also evaluate lighting conditions, pedestrian traffic, overall visibility, weather conditions, and the location of the accident.
When Property Owners May Be Responsible
Property owners may also be responsible for sidewalk maintenance. Under California Streets and Highways Code §5610, property owners neighboring a sidewalk may be responsible for maintaining the sidewalk and ensuring it is safe for pedestrians. The following are examples of when property owners should maintain their sidewalk.
- Tree roots from the property
- Landscaping
- Construction activity
- Driveway alterations
- Neglected maintenance
Important Deadline: Government Claims
One of the most critical differences in public sidewalk cases is the time limit. Before a lawsuit can even be filed against a public entity in California, an administrative claim must be submitted within six months of when the initial injury occurred. These early deadlines make documentation important as a way to understand the events of what happened during the incident. Cities, counties, public school districts, and transportation agencies are government sites that require this early deadline. Understanding the steps to take when suffering injuries from uneven sidewalks on public property is crucial to getting the support and care you need to recover.
Evidence That Can Matter After a Sidewalk Fall
Documentation becomes crucial when you have suffered injuries from a sidewalk fall. It is important to understand and record the events of the accident as soon as possible to ensure you remember what happened. Oftentimes, sidewalks are repaired after an incident occurs. Documentation is also important because it can showcase the condition of the sidewalk at the time of the accident. Helpful information may include:
- Photographs and videos of the sidewalk
- Measurements of the height differential
- Shoe condition
- Witness names
- Nearby surveillance cameras
- Weather and lighting conditions
- Medical records
Comparative Fault in California
Comparative negligence allows for responsibility to be shared among different parties. Individuals who are partially at fault for their injuries may still receive some compensation, but it may be significantly reduced. The amount of damages an individual can claim is determined by the court and is significantly different in every case. Examples of this include the following:
- Distracted walking
- Poor footwear
- Running
- Failure to observe an open and obvious condition
The Importance of Seeking Legal Guidance
Individuals who have suffered injuries from uneven sidewalks may consider seeking legal guidance. This can help them understand the legalities of their case and the next steps to take. Discussing your options with an experienced professional can navigate potential legal options and gather evidence to support your overall case.
How KAASS LAW Can Help
At KAASS LAW, we understand the challenges individuals face when dealing with injuries caused by uneven sidewalks. Our experienced personal injury attorneys will guide clients through the necessary steps to pursue a claim. If you or a loved one has suffered injuries from uneven sidewalks, you are not alone. Call KAASS LAW today to discuss your options.