Walking, jogging, or running on a public sidewalk in California should pose minimal risk, but sometimes it can result in major injuries.
Unmaintained sidewalks can result in broken or missing pieces of concrete, uneven surfaces, vegetation overgrowth, and other dangerous conditions.
Tripping over your own two feet is one thing. But you should not be held financially responsible for a sidewalk slip and fall that occurs because of someone else’s negligent action or inaction.
The experienced slip and fall attorneys at Wells Call Injury Lawyers can help you determine who is liable for your slip and fall on a sidewalk injury.
Common Causes of Sidewalk Slip and Fall Accidents
Walking, jogging, or running on a public sidewalk should be safe, but unmaintained or poorly managed sidewalks can pose serious hazards. Here are some common causes of slip and fall accidents on sidewalks:
- Uneven Pavement: Shifting soil or inadequate maintenance can lead to cracks and uneven slabs, increasing the risk of tripping.
- Broken or Missing Concrete: When sidewalks aren’t repaired, broken pieces or gaps can easily cause pedestrians to stumble.
- Vegetation Overgrowth: Tree roots and overgrown plants can disrupt the concrete or create slippery surfaces from fallen leaves or debris.
- Water and Ice Hazards: Spilled water, inadequate drainage, or icy conditions can create slippery surfaces that lead to falls.
- Obstructions: Construction equipment, garbage, or misplaced objects can block pathways, forcing pedestrians into dangerous areas.
If any of these hazards contributed to your slip and fall, you may have a strong premises liability claim.
Slip and Fall on Sidewalk Premise Liability Claim
A sidewalk slip and fall is a type of personal injury claim. The common thread that runs through all types of personal injury claims is the concept of negligence.
There are four elements you must prove in order for an individual or entity to be deemed legally negligent and responsible for your injury:
- The other party owed you a duty of care when the accident happened—the legal responsibility a party has to maintain a public sidewalk free of hazards would be a duty of care;
- The duty was breached—if the sidewalk should have been maintained and wasn’t, the party who failed to do that maintenance may have breached their duty of care;
- Harm occurred because of the breach—if the failure to adequately maintain the sidewalk caused your slip and fall injury, your injury was likely caused by the breach of duty; and
- The harm resulted in actual damages—if you had to pay medical expenses, lost wages due to your injury, or suffered other types of losses, then your harm resulted in damages you can be compensated for.
Sidewalk slip and fall cases fall under the subcategory of premise liability when they occur on property that someone else has a duty to ensure is safe.
Who Is Responsible for a Slip and Fall on a Sidewalk?
In California, who the legally liable party is will depend on the location of the sidewalk.
Municipalities and counties usually own the sidewalks next to private property, but California Streets and Highways Code 5610 states that landowners are responsible for maintaining the sidewalk fronting their property and keeping that sidewalk safe and usable.
This means landowners are responsible for the sidewalk and may be assessed for the cost of the repairs.
However, when it comes to injury liability, landowners may not be liable unless the municipality enacts an ordinance to apply that liability to the landowner. In many cases, the municipality will be held responsible for the damages.
Other responsible parties could include construction companies or any other business or entity that disrupted the ground and sidewalk and failed to repair it.
Why Hire a Sidewalk Slip and Fall Accident Attorney?
There are several reasons to hire an attorney if you slip and fall on a sidewalk. After you decide to bring a claim, one of the first things you will need to do is determine who is responsible for your injury.
Your attorney can review the local ordinances and records to find out who owns the land you fell on and who should be held liable.
This might take some additional research if the sidewalk was disrupted by another party.
An experienced attorney can also evaluate how much your claim is worth so that you are pursuing all of the compensation you are eligible to receive.
For a free legal consultation, call (707) 426-5300
Fall on Sidewalk FAQs
What Should I Do Immediately After a Sidewalk Slip and Fall Accident in California?
If you slip and fall on a sidewalk, it’s essential to document the scene. Take photos of the hazardous condition, such as cracks, uneven surfaces, or debris.
Gather witness information, if available, and report the accident to the property owner or the local municipality. Seeking medical attention promptly is also crucial, both for your well-being and for documenting your injuries.
How Long Do I Have to File a Sidewalk Slip and Fall Claim in California?
In California, the statute of limitations for filing a slip and fall claim is generally two years from the date of the accident.
If your case involves a government entity, such as a city or county responsible for the sidewalk, you must file a claim within six months. Consulting an attorney as soon as possible will help ensure you meet these deadlines and preserve your right to compensation.
Can I Still Pursue a Claim if I Was Partially at Fault for My Sidewalk Slip and Fall?
Yes, California follows a comparative negligence rule. Even if you were partially at fault for your sidewalk slip and fall—such as not paying attention while walking—you can still recover damages.
However, your compensation will be reduced by your percentage of fault. An experienced attorney can evaluate your case and help determine how shared responsibility may impact your claim.
Contact the Slip and Fall Lawyers at Wells Call Injury Lawyers for a 100% Free Consultation Today
Since 1984, the Wells Call Injury Lawyers team has recovered over half a billion dollars for our clients.
We have the experience and skill needed to negotiate a fair settlement on your behalf and, if necessary, take your case to trial.
Do not settle for less than what you deserve. Our slip and fall attorneys focus exclusively on representing California personal injury victims like you.
Call (707) 426-5300 or complete a Free Case Evaluation form
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