Who Can Be Held Liable for a Sidewalk Slip and Fall?

Sidewalk slip-and-fall accidents are a common occurrence in California towns and cities. Causes include uneven pavement, cracked or broken surfaces, tree root intrusions, wet or slippery conditions due to weather or irrigation runoff, and debris such as fallen leaves or trash. These accidents can result in serious injuries, such as fractures, head trauma, back injuries and even nerve damage. If you are hurt in a sidewalk accident, who bears liability hinges on state law and local municipal ordinances.

The responsibility for maintaining sidewalks often falls on the adjacent property owner. Under California Streets and Highways Code § 5610, property owners are required to keep sidewalks in a safe condition. They must repair defects and ensure the area is free of obstructions or hazards that could pose a risk to pedestrians. Someone injured due to a sidewalk defect may be able to pursue a claim against the property owner. Success in a lawsuit depends on showing negligence — that is, the property owner knew or should have known about a hazardous condition but failed to repair it or to posting warnings.

Although property owners are often responsible for sidewalk maintenance, the municipality may still bear liability in certain circumstances. California Government Code § 835 allows for municipal liability when a dangerous condition on a sidewalk causes injury, provided that:

1. The condition was dangerous — The sidewalk defect or hazard presented a substantial risk to pedestrian safety.
2. The municipality had notice — The city either created the hazard or had actual or constructive notice of its existence and failed to fix it within a reasonable time.
3. Causation — The dangerous condition directly caused the injury.

For example, if a tree root upheaves a section of the sidewalk and the city is aware of the issue but fails to take timely corrective action, the municipality could be held liable for resulting injuries.

Liability might be shared between the municipality and the property owner if a sidewalk hazard resulted from a combination of municipal negligence planning and lack of maintenance by the adjacent property owner.

When pursuing a claim against the City of Santa Barbara or any governmental entity, injured parties must adhere to the requirements of the California Tort Claims Act. This includes filing a claim within six months of the injury date. Failure to meet this deadline can bar recovery.

Pedestrians injured in a slip-and-fall accident on a sidewalk should promptly seek advice from a personal injury lawyer to determine who may be responsible and ensure compliance with applicable deadlines.

If you or a loved one has been seriously injured in a slip and fall on a sidewalk or on any residential or commercial premises, the law firm of Pulverman & Pulverman, LLP can assist. Based in Santa Barbara, we represent accident victims throughout the California Central Coast area. Call us at 805-962-0397 or contact us online to schedule a free consultation.