Can you sue for uneven sidewalk?
The short answer: yes. You are always entitled to take legal action if you suffer injuries as a consequence of someone else’s imprudent actions, regardless of who they are.
Why are sidewalks uneven?
Uneven sidewalks typically occur when base materials shift, causing part of the cement to shift – or when tree branches push up underneath. Surface Damage – Bumps, potholes, deep cracks, and loose gravel pieces are a leading cause of tripping.
What is considered a tripping hazard?
Under the Americans with Disabilities Act (ADA), trip hazards are defined as a change in any vertical level over 1/4″. For people with disabilities, trip hazards are a serious issue. The most common ADA trip hazards are found on broken or lifted sidewalks and driveways, usually at joints or cracks.
How do I stop my sidewalk from tripping?
Construct and maintain floors, parking lots, pathways, patios, and sidewalks to be free of tripping hazards. If hazards cannot be eliminated, guard them from pedestrians and/or implement a visual cue or warning to make the hazard visible to others. Avoid using single-riser stairs where possible.
Can you sue someone for not shoveling?
Also, you cannot sue someone for failing to shovel or put down rock salt on their sidewalk or stairs. However, if there is a gutter or a roof, or some kind of overhang that causes rain or snow to melt and deposit water or ice in a particular area, that might be the basis for suing someone.
How high is a tripping hazard?
Most state, local and federal codes and standards describe changes in surface heights, 1/4 to 3/8 inches or more, as trip hazards. Research suggests average toe clearance to be between 8.7 mm and 21.9 mm for a healthy, working age person.
Who does the sidewalk belong to?
By these definitions, sidewalks are public property, just like streets are public property. Since the city is responsible for maintaining city streets, it should follow that the city is responsible for the sidewalks, too. However, that’s not the case, thanks to state laws and property lines.