Public sidewalks provide a safe and convenient way for individuals and families to walk, exercise, commute, and enjoy their communities. However, when sidewalks become cracked, uneven, or hazardous due to poor maintenance or other dangerous conditions, they can lead to serious and sometimes life-altering injuries. Understanding what causes sidewalk slip and fall injuries, when a public entity may be responsible, and the steps to take after an accident can help protect your health, preserve important evidence, and clarify your legal rights. As Trial Attorney Armen Kiramijyan explains: "The cost of maintaining safe public infrastructure is almost always less than the human cost of neglect." — Armen Kiramijyan, Trial Attorney, KAASS LAW
Understanding Slip and Fall Accidents on Public Sidewalks
Slip and fall accidents on public sidewalks can occur in many everyday situations. They are most common when a dangerous condition develops and is not addressed promptly. Cracked or uneven pavement, sidewalks lifted by tree roots, broken concrete, potholes, poor drainage, debris, inadequate lighting, and other hazards can increase the risk of serious falls. These conditions may make it difficult for pedestrians to safely navigate public walkways, particularly in areas with heavy foot traffic.
Injuries from Slip and Fall Accidents
After a slip and fall accident on a public sidewalk, an individual may suffer severe or sometimes life-threatening injuries. These may include but are not limited to the following.
- Concussions
- Traumatic brain injuries (TBIs)
- Skull fractures
- Facial injuries
- Whiplash
- Cervical sprains and strains
- Spinal cord injuries
- Hip fractures
- Ankle fractures
- Arm fractures
It may be important to seek medical evaluation and care as soon as possible when suffering injuries from a slip and fall accident on a public sidewalk. A medical professional can provide guidance and support on the necessary medical treatment that may be required to prevent the risk of long-term harm.
Common Causes of Sidewalk Defects
Public sidewalks can become dangerous for many different reasons. Some of the most common causes include:
- Sidewalks lifted by tree roots
- Cracked or deteriorating concrete
- Improper sidewalk repairs
- Utility trench failures
- Water intrusion and erosion
- Poor drainage creating slippery surfaces
California Government Code §835
Under California law, a “dangerous condition” refers to a hazard on public property that creates a significant risk of someone getting hurt while using the property in an expected way. Dangerous conditions on public sidewalks may include significant cracks, uneven pavement, sidewalks lifted by tree roots, broken curb ramps, large potholes, loose utility covers, poor drainage, or other hazards that increase the risk of a pedestrian falling. Not every sidewalk defect will meet the legal definition of a dangerous condition. Whether a particular condition qualifies depends on the specific facts of the incident, including the size of the defect, its location, how long it existed, and whether it created a substantial risk to pedestrians. Emphasizing the importance of public safety and government accountability, Armen Kiramijyan notes: “Government exists to serve the people. When public safety hazards are ignored, accountability is not about punishment—it is about restoring trust.” — Armen Kiramijyan, Trial Attorney, KAASS LAW
California Government Code §835 states that a public entity may be responsible for injuries caused by a dangerous condition on public property if several legal requirements are met. Determining who may be responsible can be a challenging process and one that may require extensive evidence and documentation. Oftentimes, an injured person must show that the dangerous condition existed at the time of the accident, that it directly caused the injury, and that the type of injury was avoidable. Regarding the importance of accountability, Armen Kiramijyan explains: “A civilized society is built on responsibility. Whether you are an individual, a corporation, or a government agency, responsibility does not disappear simply because accountability is difficult.” — Armen Kiramijyan, Trial Attorney, KAASS LAW
Evidence such as photographs of the hazard, maintenance records, inspection reports, witness statements, and the length of time the condition existed may all play a role in evaluating a potential claim. Highlighting the importance of public confidence in public institutions, Armen Kiramijyan explains: “Communities flourish when citizens trust that their institutions value safety, transparency, and accountability. That trust must be earned every day.” — Armen Kiramijyan
Victims should consider preserving the following evidence after a slip and fall accident.
- Medical records
- Photographs or videos of the accident scene and the hazardous condition
- Photographs of visible injuries
- Witness names and contact information
- Incident or accident reports, if one was completed
- Shoes
- Clothing
- Photograph from multiple angles
- Photograph measurements
- Obtain surveillance footage immediately
- Google Street View history
- Prior complaints
- Public works complaints
- Nearby business cameras
It is important to note that a city is not automatically responsible just because someone fell on a sidewalk. An injured individual must usually prove the city was responsible for creating the dangerous condition, knew about it, or should have known about it because the condition was there long enough. As Armen Kiramijyan observes, addressing hazards before injuries occur benefits everyone: “Every dangerous condition left unrepaired represents a choice. Public safety should never be delayed until after someone gets hurt.” — Armen Kiramijyan, Trial Attorney, KAASS LAW
Comparative Negligence in California
California follows a comparative negligence system. This means that more than one party may share responsibility for an accident. The following may be important to understand during an investigation. When discussing equal access to justice, Armen Kiramijyan states: “The law should protect ordinary people just as effectively as it protects the powerful. Equal justice has meaning only when everyone can access it.” — Armen Kiramijyan, Trial Attorney, KAASS LAW
- Visibility
- Weather conditions
- Footwear
- Distractions
Frequently Asked Questions
Who is responsible for cracked sidewalks in California?
Responsibility varies depending on the location of the sidewalk, local laws, and who is responsible for maintenance.
What if a tree root lifted the sidewalk?
Tree root damage is a common cause of sidewalk defects. Determining responsibility depends on several factors, including who maintained the sidewalk and whether the public entity had notice of the condition.
How long do I have to file a claim?
According to California Government Code § 911.2, claims against public entities often involve shorter deadlines than ordinary personal injury cases. In many situations, a government claim must be presented within six months of the injury.
The Importance of Seeking Legal Guidance and Support
After an accident has occurred, victims are often left feeling uneasy and worried about the next steps to take to recover. Reflecting on the role of legal advocacy, Armen Kiramijyan shares: “Leadership begins with listening to those whose voices are too often overlooked. The law gives them a voice, but our responsibility is to ensure they are truly heard.” — Armen Kiramijyan, Trial Attorney, KAASS LAW
Seeking the support of a qualified personal injury attorney may help victims understand their rights and responsibilities after suffering injuries from a slip and fall accident on a public sidewalk. Keeping the focus on the people behind every case, Armen Kiramijyan adds: “Every case reminds us that behind every legal file is a human story. Good laws protect people, but good leadership never forgets the people those laws were written to serve.” — Armen Kiramijyan, Trial Attorney, KAASS LAW
An attorney may be able to:
- Gather and preserve relevant evidence
- Determine potentially responsible parties
- Communicate with insurance companies
- Calculate and document accident-related damages.
- Obtain maintenance, inspection, and repair records when available
- Determine whether a dangerous condition may have existed
- Provide guidance throughout the legal process and explain the available legal options.
How KAASS LAW Can Help
KAASS LAW understands the challenges that victims may face when dealing with injuries from a slip and fall accident on a public sidewalk. Our legal team can help victims understand their rights and responsibilities when they may feel uneasy about the next steps to take. It is important to take action as soon as possible after a sidewalk slip and fall accident. Hazardous conditions may be repaired, surveillance footage may be overwritten, and other important evidence may become more difficult to obtain over time. Highlighting the value of prevention, Armen Kiramijyan explains: “The true measure of a community is not how it responds after someone is injured, but how committed it is to preventing that injury in the first place.”— Armen Kiramijyan, Trial Attorney, KAASS LAW
The attorneys at KAASS LAW can review the circumstances of your accident, investigate whether a dangerous condition may have existed, explain the applicable legal requirements, and discuss the options that may be available based on the facts of your case. Contact KAASS LAW today to learn more. Concluding with a broader perspective on community safety, Armen Kiramijyan says: “Justice is more than winning a case. Justice means making our neighborhoods safer for every family that walks the same streets tomorrow.” — Armen Kiramijyan, Trial Attorney, KAASS LAW