The Hidden Dangers of Uneven Sidewalks

Who’s Liable for a Trip and Fall?

Every year, thousands of people are seriously injured on uneven sidewalks that were supposed to keep them safe. In fact, the U.S. Consumer Product Safety Commission estimates that over 7.9 million emergency room visits occur annually due to slip, trip, and fall incidents—many of which happen on sidewalks.

While a minor stumble may seem harmless, trip and fall accidents can lead to devastating consequences: broken bones, spinal cord injuries, traumatic brain injuries, and in tragic cases, even death. But what happens when your fall wasn’t just bad luck—when it was caused by an uneven or poorly maintained sidewalk?

Let’s explore the hidden dangers of sidewalk hazards, who may be held liable, and how victims can seek justice under California law.

The Real Dangers of Uneven Sidewalks

We walk on sidewalks every day, often without thinking twice. But when those walkways are uneven, cracked, lifted by tree roots, or crumbling due to poor maintenance, they become serious hazards. According to a study by the National Institute for Occupational Safety and Health, uneven walking surfaces are one of the leading contributors to pedestrian injuries.

Common causes of uneven sidewalks:

• Tree root overgrowth
  
• Weather damage (e.g., from rain or heat expansion)
  
• Poor construction or repair work
  
• Erosion or soil movement
  
• Lack of regular inspections or maintenance
  

In cities like Los Angeles and San Francisco, where aging infrastructure and dense tree coverage are common, sidewalk defects have become a hot-button issue. In fact, Los Angeles has spent more than $1.37 billion since 2016 repairing sidewalks and settling trip-and-fall claims.

Real Cases That Highlight the Problem

Let’s take a look at a few real-world cases that underscore how serious sidewalk injuries can be—and how cities are being held accountable:

1. Los Angeles Trip-and-Fall Settlement

In one case, a woman tripped on a raised sidewalk slab in LA, resulting in a fractured wrist and head trauma. After filing a claim against the city, she was awarded a $3 million settlement, arguing that the city had failed to address a hazard they were aware of.

2. San Francisco Sidewalk Lawsuit

Another victim in San Francisco sued the city after suffering multiple leg fractures due to a sidewalk cracked and lifted by tree roots. The city had received prior complaints about the hazard, which strengthened the plaintiff’s claim of negligence.

These aren’t isolated cases. Cities and municipalities across California face hundreds of trip-and-fall claims every year.

Who Is Responsible? Understanding Liability in California

Under California law, both public entities (like cities and counties) and private property owners may be responsible for sidewalk maintenance—depending on the location and local ordinances.

1. Public Property (e.g., city sidewalks)

Cities and counties are generally responsible for maintaining sidewalks adjacent to public property, such as parks or government buildings. If you’re injured on a city-maintained sidewalk, you may have a claim under the California Government Code § 835, which outlines liability for dangerous conditions on public property.

However, there are limitations:

• You must prove the public entity had notice (actual or constructive) of the hazard.
  
• You must file a government claim within six months of the injury (Gov. Code § 911.2).
  
• The condition must not be a trivial defect.¹
  

2. Private Property Responsibility

In many areas, including Los Angeles, local ordinances shift responsibility to adjacent property owners, even though the sidewalk is technically public. This means homeowners or businesses can be held liable if they fail to maintain the portion of sidewalk bordering their property.

Knowing who’s responsible is often the first (and trickiest) step in filing a claim.

What Must Be Proven to Win a Sidewalk Injury Case?

To succeed in a trip-and-fall case involving a sidewalk, a victim (the plaintiff) must prove:

• A hazardous condition existed (e.g., a raised slab, large crack, or uneven surface).
  
• The defendant (e.g., the city or property owner) knew or should have known about the hazard.
  
• The hazard was a substantial factor in causing the injury.
  
• The injury resulted in damages (e.g., medical bills, lost income, pain and suffering).
  

Photos, incident reports, eyewitness statements, and prior complaints or city repair logs can all serve as critical evidence.

Common Injuries from Sidewalk Falls

The physical toll of a sidewalk fall is often severe, especially for older adults or individuals with underlying health issues. Common injuries include:

• Wrist and hip fractures
  
• Spinal injuries and herniated discs
  
• Facial injuries (broken teeth, eye trauma)
  
• Traumatic brain injuries (TBIs)
  
• Emotional trauma and loss of mobility
  

A fall that lasts a second can have consequences that last a lifetime.

What to Do If You’ve Been Injured

If you or someone you love has suffered a fall on an uneven sidewalk, take these steps to protect your legal rights:

1. Seek medical attention immediately.
   
2. Document the scene: Take photos and measurements of the defects, and your injuries.
   
3. Gather witness information, if possible.
   
4. Contact a personal injury attorney experienced in premises liability and public entity claims.
   

How Malk & Pogo Law Group Can Help

At Malk & Pogo Law Group, we know that sidewalk injury cases can be complicated—but we thrive in complexity. Our legal team has extensive experience handling premises liability claims, including those involving trip-and-falls on public and private sidewalks.

Here’s how we can help:

• Investigate the scene and obtain evidence (including city inspection records and maintenance logs).
  
• Determine who is legally responsible—city, county, or private party.
  
• Handle your government claim if a public entity is involved.
  
• Negotiate aggressively with insurance companies and defense counsel who often try to downplay your injuries.
  
• Fight for full compensation for medical bills, lost income, and pain and suffering.
  

We don’t just settle—we strategize. Every case we take on is handled with the diligence, compassion, and courtroom readiness it deserves.

Don’t Let a Cracked Sidewalk Crack Your Future

Falling on a sidewalk might seem like a coincidence, but when that sidewalk was dangerously neglected or poorly maintained, someone is at fault—and you deserve justice.

If you or a loved one has been injured in a trip-and-fall accident, contact Malk & Pogo Law Group today. We offer free consultations, and we work on a contingency basis, meaning you don’t pay us unless we win your case.

Call us now at (818)484-5204 or fill out a simple form to schedule your consultation.

1. A “trivial defect” in California is generally understood to be when the change in elevation of a walkway is 3/4 of an inch or less, however, there is no “hard-fast” rule or exact height that determines a trivial defect and courts consider additional factors.
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