Who’s Responsible if I Trip on the Sidewalk in LA?

Tripping on a sidewalk happens to anyone, but what can you do when a sudden trip accident results in serious injuries? In Los Angeles, the laws around sidewalk ownership can become a bit complicated when it comes to public and private property. 

Keep reading to learn more about responsibility in a sidewalk slip-and-fall accident, as well as how premises liability attorney Los Angeles can help your claim.  

BD&J premises liability lawyers are ready to answer your call 24/7! 

Key Takeaways 

• Sidewalk cracks, potholes, and other hazards are fairly common in LA streets. 

• In the span of 5 years, the city of Los Angeles paid out over $100 million in claims for dangerous conditions due to uplifted or cracked sidewalks (LA Controller). 

• Public sidewalks are generally owned by the city, while sidewalks that are facing a person’s property are their responsibility.  

• Premises liability attorneys can represent you in a case after you’re injured in private or public property. 

Why Do People Trip on Sidewalks in LA?  

Going out for a stroll and taking advantage of the lovely LA weather shouldn’t come with a price. Whether you’re out for a jog, going to the grocery store, or simply taking a breather, a slip and fall accident can happen in seconds.  

The premises liability attorneys at BD&J have seen sidewalk accidents caused by:  

• Uneven pavement  

• Cracks in the sidewalk that can be caused by shifted pavement or tree-root disruption 

• Loose gravel pieces on sidewalks 

• Potholes, which are holes caused in the concrete by weather or damage 

Injuries from these slip-and-fall accidents can include spinal cord injuries, broken bones, and even catastrophic injuries in serious cases.  

Who is Responsible for My Sidewalk Trip Accident?  

After a sidewalk trip accident, you may be left wondering where liability lies. To look at who is responsible for your accident on a sidewalk, it’s important to look at who technically owns the sidewalk.  

Who Owns a Sidewalk?  

All public sidewalks in residential and commercial areas used for public travel are technically owned by the city of Los Angeles, but the responsibility of maintenance and upkeep can start to differ when it comes to sidewalks that are in front of someone else’s property.  

California Streets and Highways Code 5610 states that property owners of properties fronting public streets are in charge of maintaining the sidewalks in front of their properties.  

However, Los Angeles operates on a “Fix and Release” maintenance policy, which means that the city is in charge of fixing cracks and other hazards on a sidewalk and issuing a certificate of compliance once the repair is done, but then releases the duty of sidewalk maintenance on property owners whose property faces the sidewalk.  

While the idea of sidewalk maintenance and responsibility for hazards can seem tricky, there’s typically only 2 liable parties after a sidewalk trip accident: the city for failing to perform initial sidewalk repairs for dangerous conditions or the property owner for failing to perform the proper sidewalk upkeep.  

Does Los Angeles Have Any Further Regulations or Incentives for Sidewalk Repairs?  

Yes, the city does have certain regulations in place for sidewalk maintenance and offers rebates for sidewalk maintenance actions taken by a property owner.  

Regulations:  

As cited on the Bureau of Street Services page: 

• Los Angeles Municipal Code 56.08 emphasizes that public access to streets and sidewalks can’t be blocked by obstructions like overgrown vegetation, building materials, and other objects. 

• It’s considered a crime in the city to dump or cause to be dumped any waste on a public or private highway, road, or property.  

Incentives: 

• Sidewalks.LACity.gov, the city-launched plan to address sidewalk hazards, offers a rebate program for eligible property owners to reimburse them a part of their sidewalk repair costs. 

Why Are Sidewalk Trip Accidents Considered Premises Liability?  

Premises liability holds property owners or administrators liable in the event of injuries occurring on their property due to their own negligent or reckless acts. Whether the sidewalk is deemed property of the city or under the care of a property owner whose property is adjacent to the sidewalk, their negligence in failing to address sidewalk hazards can make them liable in the event of an accident.  

What Do Premises Liability Attorneys Los Angeles Do?  

If you suffered a slip-and-fall accident on a sidewalk due to the negligence of the local city government or a property owner, you don’t have to fight a legal battle alone. Premises liability attorneys in Los Angeles can represent you in a personal injury claim for compensation. 

While you recover from your injuries, an attorney can:  

• Consult with you on your case, as well as provide you a useful value estimate and further tips on how to progress your claim successfully 

• Present the initial claim as soon as possible 

• Help to collect evidence, including interviewing expert witnesses for injury severity, emotional impact of your accident, and accident reconstruction 

• Negotiate a fair settlement for your case 

• Communicate with the other party’s insurance or legal representatives on your behalf 

Frequently Asked Questions 

When Should I Speak to a Premises Liability Attorney in Los Angeles?  

You should sit down with a premises liability attorney from Los Angeles as soon as you’re ready to file a claim. 

What if the Property Owner of a Property Denies Liability for My Slip-and-Fall?  

If a property owner denies liability after a slip-and-fall accident, it helps to get this denial (and the reasoning for it) in writing. From there, you’ll want to talk with an attorney to understand next steps, because this denial doesn’t stop you from pursuing a claim.  

How Much is My Case Worth?  

Every case is different and has a different value. Some slip-and-fall cases can be worth $15,000 to $60,000 for less serious injuries, while cases with severe injuries can range upwards to $600,000-$1,000,000 or more.  

Can I Be Compensated if I Was Partially at Fault for an Accident?  

Definitely. California is a comparative negligence state, which allows injured plaintiffs to recover compensation for their injuries, even if they were partially at fault in an accident.  

The compensation amount is just reduced by the percentage of fault the plaintiff is found to have.  

How Can I Recover Pain and Suffering Damages?  

Some of the ways you can show pain and suffering damages for your case include providing medical records of your injuries, keeping a pain journal where you can describe daily moments of pain levels, and witness testimony from loved ones. 

How Long Do I Have to File a Claim Against the City?  

If you are looking to file a claim against a city or local government, you have 6 months from the date of your injury to do so. This is why it’s crucial you speak with an attorney as soon as possible.  

Why Should I Work with BD&J Premises Liability Attorneys from Los Angeles? 

BD&J has been a dedicated law firm working since 2007 to represent injured Los Angeles locals in the face of unjust injuries. We’ve recovered more than $3 billion* in compensation for our clients, and we work tirelessly to defend their right to financial reimbursement after an accident.  

What if I Can’t Work to Pay for Legal Representation?  

Even if you’re unable to work due to your injuries after a sidewalk slip-and-fall accident, BD&J is still ready to fight for you. We work strictly on a contingency fee basis, which means that we advance clients their case costs upfront, and recover final attorney fees after a case settles.  

This means you don’t have to worry about legal fees, because there are no fees until we win*.  

How To Actively Avoid Slip-and-Fall Accidents in Los Angeles 

Practicing safe walking habits can make a difference when it comes to preventing certain slip-and-fall accidents from happening. Some notable safety tips include:   

1. Don’t walk distractedly. – Don’t walk while looking down at your phone and try to be as aware of your surroundings as possible in the case of any large patches of lifted sidewalk or cracks in concrete.  

2. Keep your hands out of your pockets. – Keeping your hands free can allow you to react and grab something if you slip, to catch yourself from hitting the ground and suffering any serious injuries.  

3. Use handrails as needed. – If you find yourself going down steps and need to steady yourself, using any available handrails can prevent you from slipping due to unsteady or broken steps.  

4. Slow down if the weather changes. – While LA is known for its sunny weather in all seasons, the city can also be hit by sudden bouts of rain that make the sidewalks extra slippery. With these sudden weather changes, slow down if you travel through the streets on foot or consider using public transportation to avoid the additional risk of a fall.  

Unfortunately, even if you take the proper steps to actively prevent a fall, these accidents can still happen. If you were injured due to the negligent or reckless acts of another person, city, or entity in a sidewalk slip accident, connect with premises liability attorneys Los Angeles today.  

BD&J Los Angeles Premises Liability Attorneys are Ready to Fight for You 

When it comes to public sidewalks, there’s been a longstanding question of who exactly could be liable in the case of an accident. The liability can ultimately rest on the city for failing to address initial repairs, as well as property owners for failing to uphold sidewalk maintenance.  

If you or a loved one were injured in a sidewalk slip-and-fall accident, don’t wait to speak to a premises liability attorney in Los Angeles. BD&J is the personal injury law firm in Los Angeles dedicated to fighting for your rights. 

Call us now or complete our form to connect with a team member 24/7!