In California, if you were injured due to tree roots lifting a sidewalk near outdoor seating—such as in a restaurant, café, or public plaza—you may have grounds for a premises liability claim. Property owners and municipalities have a duty to maintain their premises in a reasonably safe condition, including ensuring that sidewalks are free from hazards that could cause injury.
Legal Framework for Premises Liability
Under California law, property owners can be held liable for injuries resulting from hazardous conditions on their premises if:
- Ownership or Control: The defendant owned, leased, occupied, or controlled the property where the injury occurred.
- Negligence: The defendant was negligent in the use or maintenance of the property, including failing to address unsafe conditions such as tree roots lifting the sidewalk.
- Harm: The plaintiff suffered harm as a result of the unsafe condition.
- Causation: The defendant’s negligence was a substantial factor in causing the plaintiff’s harm.
Relevant Case Law
California courts have addressed liability in cases involving tree roots and sidewalk hazards:Justia Law
- Moeller v. Fleming (1982): The court held that a property owner could be held liable if tree roots from their property caused a dangerous condition on an adjacent public sidewalk, and the owner knew or should have known about the hazard. Justia Law+3Justia Law+3Justia Law+3
- Jones v. Deeter (1984): The court found that an abutting property owner was not liable for sidewalk defects caused by tree roots when the city owned and maintained the trees and the sidewalk. Justia Law+1Justia Law+1
These cases illustrate that liability depends on factors such as ownership, control, and knowledge of the hazardous condition.
Steps to Take After an Injury
If you have been injured due to tree roots lifting a sidewalk near outdoor seating, consider the following steps:
- Seek Medical Attention: Promptly seek medical care for your injuries and keep records of all treatments.
- Report the Incident: Inform the property owner, manager, or local municipality about the hazard and document the report.
- Gather Evidence: Collect photographs of the lifted sidewalk and your injuries, and obtain contact information for any witnesses.
- Consult an Attorney: Contact a personal injury attorney experienced in premises liability 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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