Who’s at Fault If I Fall on a Public Sidewalk?

Quick Answer

Determining who is at fault for a public sidewalk fall in California requires identifying who owns the sidewalk, who is responsible for maintaining it, and whether that party had notice of the dangerous condition. The responsible party may be the city or county that owns the sidewalk, the adjacent property owner if local law requires them to maintain the frontage, or both. Because sidewalk falls frequently involve government entities, special filing deadlines apply. Attorney Damoun Yazdi at Accident Network Law Group handles sidewalk fall cases throughout Southern California.

Key Takeaways

• Public sidewalks are generally owned by cities and counties, which are responsible for their maintenance
• Adjacent property owners may be liable under local ordinances that shift sidewalk maintenance responsibility to them
• The government entity’s liability requires notice of the defect (actual or constructive) and failure to repair it
• Claims against government entities must be filed within six months under Government Code Section 911.2
• Private property owner claims have the standard two-year statute of limitations under CCP Section 335.1

Identifying Who Maintains the Sidewalk

The first step in a sidewalk fall case is determining who bears maintenance responsibility for the specific section of sidewalk where you fell. Your attorney investigates this by reviewing the city’s sidewalk maintenance records, checking whether the city has enacted an ordinance under Streets and Highways Code Section 5610 shifting maintenance to adjacent property owners, reviewing any prior complaints or repair requests for that location, and inspecting the property boundaries to confirm the sidewalk’s location relative to the property line.

Government Entity Liability

When the city or county maintains the sidewalk, liability arises under California Government Code Section 835 when the public entity had actual or constructive notice of the dangerous condition and failed to take protective measures within a reasonable time.

Actual notice means someone specifically reported the hazard to the government entity (through a complaint, maintenance request, or prior incident report). Constructive notice means the condition was so obvious, long-standing, or frequently occurring that the entity should have discovered it through reasonable inspection.

Evidence establishing government entity notice includes maintenance service records for the area, prior 311 complaints about the same location, prior accidents at the same spot, and the length of time the defect was visible.

Adjacent Property Owner Liability

Many California cities have enacted ordinances under Streets and Highways Code Section 5610 requiring adjacent property owners to maintain sidewalks in front of their properties. Under these ordinances, the property owner is responsible for repairing cracked, raised, or otherwise hazardous sidewalk conditions on their frontage, regardless of what caused the damage.

Property owners who allow tree roots, soil subsidence, or other conditions to create sidewalk hazards on their frontage may be liable under these ordinances for injuries to pedestrians who fall as a result.

Proving Negligence in Sidewalk Fall Cases

Whether the defendant is a government entity or a private property owner, your attorney must establish the same basic elements: the defendant had control over or responsibility for the sidewalk, a dangerous condition existed, the defendant knew or should have known about the condition, the defendant failed to repair it or warn pedestrians, and the condition caused your fall and injuries.

Evidence in sidewalk fall cases includes photographs of the defect taken as soon as possible after the fall, the defect dimensions (California courts have noted that defects smaller than three-quarters of an inch may not be sufficient to establish negligence), maintenance records, prior complaints, and witness testimony.

Attorney Damoun Yazdi began his career as a paralegal at a personal injury firm and later served as a law clerk at the LA County DA’s Office. He investigates sidewalk fall cases promptly to preserve evidence before property owners or cities repair the defect.

California Laws Relevant to Sidewalk Fall Claims

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

Contact a California Sidewalk Fall Attorney

Attorney Damoun Yazdi at Accident Network Law Group handles sidewalk fall cases on a contingency basis. Free consultations. Our team serves Riverside, Costa Mesa, Rancho Cucamonga, Apple Valley, Victorville, and throughout Southern California. Se habla espanol.