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Is that Sidewalk a Dangerous “Condition”?

Is that Sidewalk a Dangerous “Condition”?

As a Los Angeles accident lawyer, some of my cases involve trip-and-falls on Los Angeles area sidewalks.

I’ve discussed Los Angeles sidewalk issues before.  Apparently, the City plans to repair the sidewalks, over the next thirty years.  You read that right.

If past experience is any indication, there will be many more people who trip and seriously hurt themselves as a result of dangerous Los Angeles sidewalks over the next three decades.

Sidewalk cases involve an area of law known as “premises liability.”  Unsafe sidewalks are what the law calls a dangerous “condition.”

The Government Code lists what a plaintiff must prove when alleging that a Los Angeles sidewalk was a dangerous condition.  Section 835 says a plaintiff must show:

a) the property was in a dangerous condition at the time of the injury;

b) plaintiff’s injury was caused by the dangerous condition;

c) the dangerous  condition created a reasonably foreseeable risk of the kind of injury the plaintiff suffered;

d) the government or public entity that owns the property had actual or constructive notice of the dangerous condition, as well as sufficient time prior to the injury to have taken measures to protect against the dangerous condition.

In a future post, I plan to discuss more sidewalk issues.  I hope to also explain the difference between actual and constructive notice, as mentioned above.

Los Angeles sidewalk accidents can be devastating.  Besides for the usual cuts and bruises, I’ve seen cases with broken limbs, emergency surgeries, and metal hardware being surgically implanted.

For questions about your Los Angeles sidewalk accident case, the Rabbi Lawyer is ready to assist, 24/6!