Many think that if they are out on a Sunday walk and trip and fall on the sidewalk over a raised slab of concrete and sustain serious injuries, there is no one to file an action against. This conclusion is based upon the thought that many people look to the adjacent tree and conclude that it was the roots that caused the sidewalk slab to become raised. As such, you cannot sue the tree — so who is at fault? The answer is quite simple. The particular City has an obligation to repair its sidewalks provided that they either knew (actual notice) or should have known (constructive notice) of the defect and that the defect was not trivial (usually less than an inch with no aggravating circumstances). If the particular city fails to do so, then they can be found negligent and responsible for all injuries sustain by the individual.
Most cities rarely inspect their sidewalks due to the lack of funding. Therefore, the law will impose constructive notice upon a showing that it would take many months to cause the roots to create a large gap in the sidewalk. Hence, a reasonable inspection procedure would have uncovered the defect. As such, liability will be imposed against the particular city.
I have personally litigated these types of cases on behalf of my clients who have sustained very serious injuries resulting from defective sidewalks. I am happy to say that I have prevailed in virtually all of these types of cases.
If you are injured or know someone who may have been, please feel free to have them call me. You can visit my web site by Clicking Here or feel free to contact me for a free consultation at 818-706-3790.
