In California, if you were injured due to an uneven sidewalk leading to an entrance, you may have grounds for a premises liability claim. Property owners, including municipalities and private landowners, have a legal duty to maintain their premises in a reasonably safe condition for visitors.
Legal Framework for Premises Liability
Under California Government Code § 835, a public entity can be held liable for injuries caused by a dangerous condition of public property if:Sharifi Firm+2Southern California Injury Lawyer Blog+2Sharifi Firm+2
- Dangerous Condition: The property was in a dangerous condition at the time of the accident.Southern California Injury Lawyer Blog+2Sharifi Firm+2Sharifi Firm+2
- Proximate Cause: The dangerous condition was the proximate cause of the injuries.Sharifi Firm+1Sharifi Firm+1
- Foreseeable Risk: The dangerous condition created a reasonably foreseeable risk of the type of injury incurred.J&Y Law+4Sharifi Firm+4Sharifi Firm+4
- Notice: Either a public entity’s employee negligently acted to create the dangerous condition, or the public entity knew or should have known about it.Sharifi Firm+1Sharifi Firm+1
In the case of an uneven sidewalk, the property owner or municipality may be liable if they knew or should have known about the hazard and failed to take appropriate action to address it. This includes not only repairing the sidewalk but also taking steps to prevent injuries, such as blocking off the area or providing adequate warnings.
Relevant Case Law
In Rodriguez v. City of Los Angeles, the California Court of Appeal held that a sidewalk defect was not a minor defect as a matter of law and that the question of whether it was a dangerous or defective condition was properly submitted to the jury for determination. The court noted that photographs introduced in evidence showed that abutting sections of two sidewalk slabs were not in horizontal alignment and that one section ranged from one-half inch to approximately one inch higher than the other. This created an obstruction sufficient to cause a person to trip. Justia Law
In Arlene Vallejo v. City of Los Angeles, a woman walking home from a bus stop tripped on an elevated gap in a sidewalk at the corner of North Avenue 56 and Ash Street in Los Angeles. The jury awarded her $181,500 in damages, finding that the city was liable for the dangerous condition of the sidewalk. Jury Verdict Alert
Steps to Take After an Injury
If you have been injured due to an uneven sidewalk, 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 or manager about the hazard and document the report.
- Gather Evidence: Collect photographs of the uneven 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.
An attorney can help determine if the property owner was negligent and assist in pursuing compensation for your injuries.
Law Offices of James R. Dickinson – 909-848-8448
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