WHO IS LIABLE IF I AM INJURED ON A SIDEWALK?

The sidewalks were installed to provide a safe walking area for the people of their community. However, accidents do occur quite often on the sidewalks. In many cases the sidewalk is responsible for the accident.

California property owners are often surprised to discover that they are responsible under state law for the safety of public sidewalks adjacent to their properties.

The issue of liability between local governments and property owners in relation to the condition of the sidewalk, and the injuries that people suffer when using it, is often confusing. This is due to the personal injury lawsuits.

In California

The local city or county typically owns the sidewalks adjacent to private property. As noted above, however, the state law states that landowners must maintain the sidewalk in front of their properties.

California Streets and Highways Code, 5610, for example, states:

State law also states that municipalities can charge landowners the costs of maintaining sidewalks in the event they do not perform their duties. This is an option, not a requirement.

What happens when a third-party is injured and the owner fails to maintain a safe sidewalk? We will examine this confusing topic in greater detail below.

What Factors are Considered?

The majority of sidewalks are public property. So, if you get injured in an accident on a sidewalk, who could be held responsible for your injuries.

This is a complex question because it involves a number of factors, such as:

• The location of the sidewalk (e.g., public or private property);
• Who is responsible for maintaining the sidewalk?
• The sidewalk’s condition;
• What caused the accident?
• If anyone else was involved,
• You were either acting safely or in a dangerous manner on the sidewalk.

California allows you to recover damages and hold the responsible party liable for your injury if it can be proven that they were negligent.

While state law says that landowners have a responsibility for maintaining sidewalks and can be charged for repairs, the owner may not be responsible for any injuries or damages caused to third parties who use the sidewalk until the city passes an ordinance dealing with liability.

This article was written by Alla Tenina. Alla is a top Orange County personal injury lawyer, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.