Los Angeles Sidewalks-Who is Responsible?
As a Los Angeles sidewalk accident lawyer, I get some variation of the following question several times each week:
Who’s responsible to fix a Los Angeles sidewalk? It’s an important question, and one that so many people want the answer to.
I’ve discussed this issue before, most recently in this blog post.
As with so many legal questions, the answer depends. Let me give you an example.
My office recently handled a case where the client tripped and suffered serious injuries requiring surgery. When the client consulted with my office, it appeared to be a Los Angeles sidewalk injury case.
I took it upon myself to visit the scene of the trip and fall accident. After we recreated what happened, I was able to determine that, while the client thought he tripped on a Los Angeles sidewalk, in reality, he tripped on the private homeowner’s driveway—two steps off the sidewalk.
This was an important fact. It meant that our case was not a Los Angeles sidewalk case—but rather, a case against the homeowner for negligence. The homeowner’s driveway was in a sad state of disrepair that was impossible to see at night time. We settled this case with the homeowner’s insurance for a very favorable result.
Of course, not all cases are like this. Each Los Angeles sidewalk case must be analyzed on its own.
If you see a Los Angeles sidewalk in disrepair—which is most Los Angeles sidewalks, there is something you can do. Reporting the sidewalk to the Bureau of Street Services is crucial. In almost every Los Angeles sidewalk case I’ve handled, the City of Los Angeles argues that it did not know about the dangerous sidewalk.
In the law, this is called “notice”. The City always argues it did not have notice of that particular sidewalk problem because overall, the City is responsible for over 10,000 miles of sidewalks.
In one case I handled a few years ago, we determined that City employees of various agencies were on the street where my client tripped 86 times over a ten year period. Even in that case, the City argued that it did not have notice of the dangerous sidewalk. The mediator who helped resolve that Los Angeles sidewalk case had a good laugh at that one.
Most of the time, Los Angeles sidewalk problems are caused by trees or tree roots. Whether the tree belongs to the City of Los Angeles or to an adjacent property owner is something that must be determined.
As you can tell, Los Angeles sidewalk cases can be complex. When someone suffers a Los Angeles sidewalk injury, specific timelines apply to the case. These are not the usual timelines—instead, Los Angeles sidewalk cases (and cases against the government in general) have unique statute of limitations.
It’s imperative that you talk to a knowledgeable attorney if you suspect the City of Los Angeles is responsible for your sidewalk injuries.
If you have questions about your case, my office is ready to assist, 24/6.