Who Is at Fault If I Fall on a Public Sidewalk in California?

Liability for a sidewalk fall in California depends on who owns and maintains the sidewalk. In California, cities and counties typically own public sidewalks and are responsible for maintenance. However, California Streets and Highways Code Section 5610 creates an exception: property owners adjacent to a public sidewalk may be required by local ordinance to maintain and repair the sidewalk. If your city has enacted such an ordinance, the adjacent property owner may share liability for your fall. Attorney Damoun Yazdi at The Accident Network Law Group handles sidewalk fall claims throughout Southern California.

Key Takeaways

• Public sidewalks are typically owned and maintained by the city or county, making government entities potentially liable for dangerous conditions
• California Government Code Section 835 establishes liability when a public entity has notice of a dangerous condition and fails to repair it
• California Streets and Highways Code Section 5610 allows cities to shift maintenance responsibility to adjacent property owners by ordinance
• Claims against government entities require a tort claim within six months under Government Code Section 911.2
• Tree root upheaval is one of the most common causes of sidewalk falls in Southern California

Government Entity Liability for Sidewalk Falls

Under California Government Code Section 835, a public entity is liable for injuries caused by a dangerous condition of its property when the entity had actual or constructive notice of the condition a sufficient time before the injury to take protective measures and the condition created a reasonably foreseeable risk of injury.

For sidewalk falls, the government entity’s liability depends on whether it knew or should have known about the defect. Prior complaints from residents, prior similar falls at the same location, maintenance inspection records showing the defect was identified but not repaired, and the visible, long-standing nature of the condition all establish notice.

Government Code Section 830.6 provides immunity when the condition was created by an approved design or plan. This immunity is sometimes asserted when the sidewalk design itself allegedly caused the hazard, but it does not apply when the hazard resulted from deterioration or lack of maintenance rather than a design decision.

Adjacent Property Owner Liability

California Streets and Highways Code Section 5610 provides that owners of property contiguous to public sidewalks are required to maintain sidewalks in a safe condition when the city or county has adopted an ordinance requiring adjacent property owners to perform this maintenance. Many cities in Southern California including Riverside, Costa Mesa, and others have enacted ordinances shifting sidewalk maintenance responsibilities to adjacent property owners.

When a property owner has maintenance responsibility under such an ordinance, they can be liable for sidewalk defects on their frontage, including tree root upheaval, cracked panels, and raised edges. The property owner cannot escape liability by blaming the city’s tree for causing the root damage if the ordinance requires them to repair the damage regardless of cause.

Tree Root Upheaval

Tree root upheaval from city-planted street trees is one of the most common causes of sidewalk displacement in Southern California. As tree roots grow, they push beneath concrete sidewalk panels, raising them above adjacent panels and creating edges that catch pedestrian feet.

Liability for tree root upheaval can fall on the city (which planted and owns the tree), the adjacent property owner (who is responsible for maintaining the sidewalk frontage under local ordinance), or both. Your attorney investigates which party had maintenance responsibility and notice of the specific hazard that caused your fall.

Six-Month Deadline for Government Claims

If the city, county, or other government entity is responsible for your fall, California Government Code Section 911.2 requires you to file an administrative tort claim within six months of your injury. This six-month deadline applies even if the adjacent private property owner is also liable. Missing the deadline bars your claim against the government entity with very limited exceptions.

Attorney Yazdi’s team identifies all potentially liable parties in sidewalk fall cases and ensures all applicable deadlines are met.

California Laws Relevant to Sidewalk Fall Claims

California Government Code Section 835 (public entity liability), Section 911.2 (six-month tort claim deadline), California Streets and Highways Code Section 5610 (adjacent property owner maintenance obligations), California Civil Code Section 1714 (general duty of care), California Code of Civil Procedure Section 335.1 (two-year statute of limitations for private party claims), California follows pure comparative negligence (Li v. Yellow Cab Co., 1975).

Contact The Accident Network Law Group About Your Sidewalk Fall Claim

Sidewalk fall cases often involve more than one potentially responsible party, and if a city, county, or other government entity is involved, you may have as little as six months to act. Attorney Damoun Yazdi at The Accident Network Law Group investigates whether the government entity, an adjacent property owner, or both bear responsibility for your fall, and moves quickly to protect every applicable deadline. Consultations are always free, and our firm works on a contingency basis under our No Recovery, No Fee policy.

Our team serves clients in Costa Mesa, Riverside, Rancho Cucamonga, Apple Valley, Victorville, and Bakersfield, and throughout Southern California. Se habla espanol.