Sidewalks are a vital part of California’s urban infrastructure, connecting homes, businesses, and public spaces. But when a sidewalk is cracked, uneven, or obstructed, it can become a serious hazard—especially for seniors, children, and individuals with mobility challenges. If someone trips and falls on a public sidewalk in California, determining who is legally responsible can be complex. Liability may rest with the city, the adjacent property owner, or even a third party. This article breaks down how California law handles sidewalk-related injuries and what victims need to know to protect their rights.
Common Causes of Sidewalk Falls in California
Sidewalk hazards are often the result of aging infrastructure, environmental factors, or poor maintenance. Common causes include:
- Tree root intrusion: Roots from nearby trees lift and crack concrete slabs
- Weather damage: Rain, heat, and erosion weaken surfaces over time
- Poor lighting: Dimly lit areas obscure uneven pavement or debris
- Construction or landscaping: Temporary obstructions or poorly repaired surfaces
- Neglected maintenance: Cracks, potholes, or loose bricks left unrepaired
These conditions can lead to serious injuries, including fractures, head trauma, and spinal damage.
Who Owns California Sidewalks?
In most California cities, sidewalks are public property—owned and controlled by the municipality. However, under California Streets and Highways Code § 5610, adjacent property owners are responsible for maintaining the sidewalk in front of their property in a safe condition.
This creates a split responsibility:
- Cities and counties: Own the sidewalks and may be liable for dangerous conditions
- Property owners: Must maintain sidewalks but are not automatically liable for injuries unless certain conditions are met
When Is a City or Municipality Liable?
Under California Government Code § 835, a public entity may be held liable for injuries caused by a dangerous condition on public property if:
- The condition created a substantial risk of injury
- The entity created the condition or had actual or constructive notice
- The entity failed to take reasonable steps to fix or warn about the hazard
Example: Peters v. City and County of San Francisco (1953)
The court held that a city could be liable for injuries caused by a sidewalk defect if it had notice and failed to act. The ruling emphasized that cities must inspect and maintain sidewalks to prevent foreseeable harm.
When Is a Property Owner Liable?
While property owners are required to maintain sidewalks, they are not automatically liable for injuries unless:
- They created the hazard (e.g., planted a tree that lifted the sidewalk)
- They altered the sidewalk for personal benefit (e.g., installed a ramp or decorative brickwork)
- A local ordinance explicitly shifts liability to the property owner
Example: Gonzales v. City of San Jose (2004)
San Jose enacted a local ordinance making adjacent property owners liable for sidewalk injuries. The court upheld the ordinance, stating that cities have the authority to shift liability through local law.
Liability Can Be Shared
In many cases, liability may be shared between the city and the property owner. For example:
- A tree planted by the homeowner causes sidewalk damage
- The city is aware of the hazard but fails to repair it
- A contractor hired by the property owner performs negligent repairs
In such cases, both parties may be named in a lawsuit and held proportionally responsible.
Trivial Defect Defense
California law recognizes that not all sidewalk defects are dangerous. Under Government Code § 830.2, a defect may be considered “trivial” if:
- It is minor and does not pose a substantial risk
- It is open and obvious to pedestrians
- No prior injuries have occurred at the location
Courts evaluate the defect’s size, visibility, and surrounding conditions to determine whether it qualifies as trivial.
Statute of Limitations
Victims must act quickly to preserve their legal rights:
- Claims against public entities: Must be filed within six months of the injury (California Government Code § 911.2)
- Personal injury lawsuits: Must be filed within two years of the injury (California Code of Civil Procedure § 335.1)
Missing these deadlines can result in losing the right to recover compensation.
Real-Life Example
A woman tripped on a raised sidewalk slab in Los Angeles caused by tree roots from a city-planted tree. Her attorney proved that the city had received multiple complaints about the hazard but failed to repair it. The case settled for $450,000, covering medical expenses, lost wages, and pain and suffering.
What to Do After a Sidewalk Fall in California
If you’re injured on a public sidewalk:
- Seek medical attention immediately
- Document the scene with photos and measurements
- Report the incident to the city or property owner
- Collect witness information
- Consult a California personal injury attorney experienced in sidewalk liability
Prompt action helps preserve evidence and ensures compliance with legal deadlines.
Final Thoughts
Sidewalk falls in California can lead to serious injuries and complex legal battles. While cities own the sidewalks, adjacent property owners may share responsibility—especially if they contributed to the hazard or local ordinances shift liability. Understanding your rights under California law and working with a skilled slip and fall lawyer in California can help you pursue fair compensation and hold negligent parties accountable.
References
- California Streets and Highways Code § 5610. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=SHC§ionNum=5610
- California Government Code § 835. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=835
- California Government Code § 911.2. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=911.2
- California Code of Civil Procedure § 335.1. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1
- Gonzales v. City of San Jose (2004) 125 Cal.App.4th 1127
- Peters v. City and County of San Francisco (1953) 41 Cal.2d 419
