In California, if you were injured due to a missing or broken curb ramp—especially near a valet area or public entrance—you may have a valid premises liability claim. Under both the Americans with Disabilities Act (ADA) and California state law, property owners and municipalities are required to ensure that pedestrian pathways, including curb ramps, are accessible and safe for all individuals, including those with mobility impairments.
Legal Framework: ADA and California Accessibility Laws
The ADA mandates that public and private entities provide accessible routes for individuals with disabilities. This includes installing and maintaining curb ramps that comply with federal and state accessibility standards. Failure to do so can result in legal liability for injuries sustained due to these hazards.Time
California law further enforces these requirements, holding property owners accountable for ensuring their premises are safe and accessible.
Relevant Case Law and Precedents
Several cases in California have highlighted the importance of maintaining accessible curb ramps:
- Lashbrook v. City of San Jose: In this case, the city was sued for failing to provide accessible curb ramps, leading to a settlement requiring the city to install or remediate over 27,000 accessible curb ramps over 18 years, with a commitment of more than $130 million to fund this work. San José Spotlight+2disabilitylawunited.org+2Dardarian, Ho, Kan & Lee+2
- Willits v. City of Los Angeles: A class-action lawsuit resulted in a $1.4 billion settlement, compelling Los Angeles to repair sidewalks and install compliant curb ramps to meet ADA standards. LAist+3Time+3Counsel Financial+3
These cases demonstrate the legal obligations of municipalities to maintain accessible infrastructure and the potential for significant legal and financial consequences when they fail to do so.Counsel Financial+9Time+9Los Angeles Times+9
Steps to Take After an Injury
If you have been injured due to a missing or broken curb ramp, consider the following actions:
- Seek Medical Attention: Promptly seek medical care for your injuries and keep detailed records of all treatments.
- Document the Hazard: Take photographs of the broken or missing curb ramp and the surrounding area.
- Report the Incident: Inform the property owner, manager, or local municipality about the hazard and document the report.
- Consult an Attorney: Contact a personal injury attorney experienced in premises liability and ADA compliance cases to evaluate your situation and guide you through the legal process.
Law Offices of James R. Dickinson – 909-848-8448
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