In California, the responsibility for maintaining sidewalks and walkways is defined in the California Streets and Highways Code, Chapter 22, Article 2, Repairs, Section 5610. Sidewalk and walkway injuries fall under what are called premises liability laws. These laws hold property owners or those in control of the property responsible for maintaining safe conditions on the property. The persons or government entities responsible for maintaining safe sidewalks and walkways do not have unlimited liability. They are only liable for accidents that could have been prevented. While it may seem straightforward, a legal assessment of several factors determines if a liability exists and who should be held responsible for compensating the injured pedestrian.
Who is Responsible for Sidewalk Maintenance?
California Streets and Highway Code 5610 says several things. First, anyone who owns all or part of a lot fronting a public improved street is responsible for maintaining the sidewalk. Using the sidewalk or walkway should not put anyone at risk. The owner should also ensure that nothing interferes with the use of the sidewalk.
Code 5610 also says that any area between the property line of an adjacent property and the street line that is maintained as a park or parking strip must also be maintained by the property owner. Essentially, this means that property owners in California are expected to maintain any sidewalks or walkways that border their property.
A municipality may own the sidewalk and be responsible for maintaining it. However, it also has the right to legally require owners of property adjacent to the sidewalk to assume responsibility for maintenance, and many have done so. They can also impose fines when a property owner has not maintained hazard-free sidewalks. In some cases, cities or other jurisdictions retain the right to repair the sidewalk but hold the property owner responsible for the associated costs.
What are the Main Causes of Sidewalk Injuries?
Sidewalks and walkways need regular maintenance to prevent unsafe conditions from developing. Falls account for 33% of all preventable injuries in the US. Most pedestrians have tried navigating a poorly maintained sidewalk. Some of the common causes of sidewalk injuries include the following.
• Uneven pavement, potholes and cracks in the sidewalk
• Obstructions left on the sidewalk, like garbage cans or parked cars, create hazards as people try to maneuver around them
• Poorly designed sidewalks make walking difficult, i.e., too narrow or steep
• People on bicycles, skateboards or scooters collide with pedestrians
• Icy or wet sidewalks cause people to slip and fall
• Pedestrians cannot see potential hazards due to inadequate lighting
• Tree roots cause sidewalks and walkways to create uneven concrete slabs
• Construction activities create unsafe conditions
The types of injuries vary, depending on how a person falls. Some of the common sidewalk injuries include broken bones, head trauma, sprains and strains of soft tissues, spinal cord injuries and lacerations.
Determining Liability
Who or what is responsible for a sidewalk or walkway liability? It depends on the circumstances. Since sidewalks and walkways involve property owners and/or a government agency, there are two types of liability: personal premises liability and governmental premises liability.
Premises Liability
Premises liability has two critical elements. One element is that property owners must maintain safe sidewalks and walkways. Another element is that property owners are required to warn others of hazards that are not immediately apparent.
California Civil Code Section 1714 says a person is held legally responsible for their actions or lack of action that constitutes negligence. It establishes the general principle of negligence by holding property owners responsible for injuries incurred by others due to their failure to exercise ordinary care in managing their property. The property owner must act “reasonably” to maintain safe sidewalks, which includes inspecting the property, making necessary repairs and warning sidewalk users about potential hazards if repairs cannot be completed immediately.
The Code 1714 expands liability to include a property owner who fails to act when they knew or should have known that a repair was needed or a hazard existed. These requirements imply that a person claiming an injury due to slipping, tripping, or falling on a sidewalk or walkway must prove that the property owner either knew of the hazard's existence or should have been aware of it. Code 1714 also states that a person responsible for property management is not responsible if someone willfully causes injury or fails to take ordinary care to avoid injury.
It is easy to recognize how complex some premises liability cases can become.
Government Liability
Some California municipalities have retained responsibility for maintaining sidewalks, so they are responsible for a pedestrian injury if they fail to repair a known hazard. The keyword is “known.” Determining government liability is only possible if the municipality can be proven to have had notice of the hazard. This means that proving liability will usually require showing that the unsafe condition of the sidewalk or walkway has been apparent for a sufficiently long time that the government should have discovered it. There are numerous legal cases in which a municipality and a private property owner disagree over responsibility for someone’s injury.
The California Tort Claims Act (Claims Against Public Entities) gives citizens injured on sidewalks the right to file liability claims against the relevant government agency. A notice of claim should be filed within six months of the injury. The municipality may have a policy that caps the damages allowed.
Importance of Legal Advice
An injured person should consult an attorney at the earliest opportunity. This ensures the incident remains fresh in the mind of the injured person and that the condition of the sidewalk or walkway at the time of the injury is documented.
Take pictures as soon as possible of the unsafe location and the cause of the slip or fall to provide evidence for the premises liability claim. Also, get witness names and contact information. Proving a liability case requires demonstrating that the property owner or government entity knew the hazard existed and was negligent in failing to make the necessary repairs in a timely manner. An experienced accident injury attorney can provide the legal support injured pedestrians need to get fair compensation in a court of law.
