Buckled and cracked sidewalks are more common in Southern California than most people realize, and far more dangerous. Under California law, responsibility for sidewalk maintenance may fall on private landowners, municipalities, or other public entities, depending on the location and ownership of the affected property. When any of these parties fails to maintain a sidewalk in a safe and usable condition, and someone is injured as a result, that negligence can give rise to a premises liability claim.
At Salamati Law, our slip and fall lawyers know that an accident can upend every aspect of your life. We move quickly to preserve evidence, establish liability, and pursue the full compensation you are owed, from medical expenses and lost wages to pain and suffering.
Types of Uneven or Loose Pavement That Pose a Slip-and-Fall Risk
Sidewalks throughout Los Angeles and the surrounding communities show the wear of age, heavy foot traffic, and years of deferred maintenance. The resulting pavement defects are a leading cause of slip and falls on sidewalks, which include:
- Raised or sunken concrete slabs, commonly caused by tree root growth pushing up from beneath the surface or soil erosion and settling over time
- Longitudinal and transverse cracks, which develop from repeated freeze-thaw cycles, or the natural aging of concrete and asphalt
- Surface deterioration, where the top layer of pavement breaks apart due to weathering, water infiltration, or the use of de-icing chemicals
- Potholes and surface voids, typically caused by water penetration, subbase failure, or utility work that was not properly restored.
- Lifted or misaligned pavement edges, which occur when adjacent slabs shift at different rates due to uneven soil compaction or drainage problems
- Loose or missing pavement fragments, where deteriorated concrete or asphalt has broken free, leaving an unstable or irregular walking surface
- Damaged or deteriorated curb cuts, which create tripping hazards, are particularly dangerous for pedestrians using wheelchairs, walkers, or strollers
- Utility access covers and grates, which can sit above or below the surrounding pavement grade, due to improper installation or ground movement.
Dangerous pavement conditions are not limited to public sidewalks. Parking lots, which are privately owned and maintained, present many of the same hazards, and the property owners responsible for them carry the same legal duty to keep them reasonably safe for pedestrians.
California Liability in Trip and Falls on an Uneven Sidewalk
Who is responsible for your injuries depends on where the accident occurred and who was responsible for maintaining that stretch of sidewalk.
Potentially liable parties include:
- Private property owners are required under California law to maintain the sidewalk fronting their property in a safe condition. In Los Angeles, property owners can be held directly liable for injuries caused by sidewalk defects they failed to address.
- The city or municipality, when the defective sidewalk is on publicly owned property, or when the adjacent property owner has not been assigned maintenance responsibility under local law. Importantly, claims against public entities must be filed within six months of the incident; missing this deadline can bar your claim entirely.
- Contractors and utility companies, if negligent repair work or a failure to properly restore a disturbed sidewalk created the hazardous condition that caused your fall.
- Businesses, if a dangerous pavement condition existed on or adjacent to their premises, and they failed to address or report it within a reasonable time.
Every case turns on its own facts, and liability is not always limited to a single party. Identifying every responsible party early is essential to protecting the full value of your claim. oraneous record of suffering that was documented before any litigation began.
What to Do After Falling on an Uneven Pavement
The steps you take immediately after a slip and fall can significantly affect your ability to recover compensation. If you are able, act on the following as quickly as possible:
- Call 911 or seek emergency medical attention first. Your health is the immediate priority. Many serious injuries do not present obvious symptoms right away. A medical record created at the time of the incident also establishes a direct link between the fall and your injuries, which is critical to your claim.
- Document the scene before anything changes. Photograph and video the hazard from multiple angles, including close-up shots of the specific defect that caused your fall and wider shots that establish its location. Note the date, time, and lighting conditions.
- Identify witnesses. If anyone saw the fall, collect their names and contact information before they leave the scene.
- Report the incident to the appropriate party. Who you report to depends on where the fall occurred:
- In front of a private residence — notify the homeowner directly or through their insurer
- Outside a business or in a parking lot — report to the owner or manager and request a written incident report; keep a copy for your records.
- In a public park or on a city sidewalk — file a report with the relevant city or county agency as soon as possible; remember that claims against public entities in California must be filed within six months of the incident under the Government Claims Act.
- Preserve your clothing and footwear. The shoes you were wearing at the time of the fall may be relevant evidence. Do not clean or discard them.
- Do not give a recorded statement. If a property owner’s insurance company contacts you, you are not obligated to provide a recorded statement before consulting an attorney. Anything you say can be used to minimize or deny your claim.
- Consult a Los Angeles slip and fall attorney promptly. Evidence degrades, witnesses become harder to locate, and legal deadlines, particularly the six-month window for public entity claims, can close quickly. The sooner you have legal representation, the better positioned you are to protect your claim.
Statute of Limitations for Filing a Slip and Fall Lawsuit
The California statute of limitations for filing a slip and fall lawsuit is generally two years from the date of the incident. However, as noted, when a public entity, such as a city, county, or public agency, is among the potentially liable parties, the Government Claims Act requires you to file an administrative Notice of Claim within six months of the incident.
Missing this deadline can permanently bar your claim against that entity, regardless of how strong your case may otherwise be.
Contact a Los Angeles Slip and Fall Attorney
If you suffered a serious slip and fall injury due to a property owner’s failure to maintain their pavement, you need the services of an experienced Los Angeles slip and fall lawyer at Salamati Law.
Schedule a free, no-obligation consultation today. While most slip and fall cases are settled, we will litigate your case if the insurance company fails to agree to a reasonable settlement amount. Because we work on a contingency basis, you pay no fee unless you receive compensation.
