Sidewalk Accident Lawyer in Los Angeles, CA

It’s possible to sue the City of Los Angeles or the property owner for tripping on a sidewalk, however, the process involves specific legal steps. Your success will depend upon hiring an experienced slip and fall attorney in Los Angeles, the evidence gathered, and proving negligence. To successfully sue a city for negligence, you must prove the city owed a duty of care, breached that duty and the breach caused your injury.

It is smart to speak with a qualified attorney about your options. If you have suffered an injury due to a sidewalk fall, you may be entitled to compensation. To speak with an experienced attorney, contact the best sidewalk fall lawyers in Los Angeles at NOVIK LAW GROUP.

It’s important to contact an attorney regarding your sidewalk fall and injury as soon as possible after its occurrence. There are legal processes that must occur before earning compensation, and it is critical to have spoken about the details of the event and the extent of injuries before they are forgotten or without proof.

If you have sustained injuries from a sidewalk fall in Los Angeles, then the attorneys at Novik Law Group can help you. Even if the consequences from a sidewalk accident were minor, you may be entitled to compensation from the negligent party. Property managers and the city of Los Angeles are responsible for the condition of their sidewalks. When an accident occurs on the sidewalk, then it is best to seek legal counsel to earn justifiable compensation.

The responsibility for maintaining and repairing Los Angeles sidewalks falls on property owners whose property is adjacent to sidewalks. According to the Los Angeles Municipal Code, property owners must ensure sidewalks adjacent to their property are maintained and kept in good repair. The code states: 

“When any sidewalk or curb constructed on any road, boulevard, street, avenue, lane or alley shall be out of repair or in need of reconstruction or in a condition to endanger persons passing thereon or to interfere with public convenience in the use thereof, it shall be the duty of the owner of or other person, firm or corporation in charge of or in control of the property abutting upon said sidewalk or curb to repair or reconstruct said sidewalk or curb.”

The City of Los Angeles owns the sidewalks, but property owners are responsible for maintenance and repair and both or either could be held liable depending on the evidence in your case.

In Los Angeles, the responsibility for maintaining and repairing curbs, as well as sidewalks, driveway approaches, and curb returns, falls on the property owners adjacent to these structures. This includes ensuring curbs are in good condition and don’t pose hazards to pedestrians or violate regulations including those covered under the Americans with Disabilities Act (ADA). If the city determines that a curb, sidewalk, driveway approach, or curb return, is in disrepair and poses a danger, the city will notify the property owner to make the necessary repairs. If the property owner fails to comply, the city has the authority to carry out the repairs and bill the property owner for the costs incurred, including administrative fees.

The California Tort Claims Act outlines the procedures for filing a claim against a governmental entity, including cities. Before suing for negligence you must first file a claim with the city. The claim must include the date, place, and circumstances of the incident, and the amount of damages claimed if it is less than $10,000. 

While cities can be held liable for certain types of negligence, there are immunities and exceptions for proving negligence in California, so it’s best to have a qualified sidewalk fall injuries lawyer examine your evidence and review your case. 

An injured party in California who claims their injuries were caused by a dangerous condition on public property must prove the following: 

• Prove the defendant owned or controlled the property.
• Prove the property was a dangerous hazard at the time of the injury
• Prove the dangerous condition created a risk of the kind of injury that occurred.
• Prove the negligent conduct of the defendant or their employee created the dangerous condition or the defendant had notice of the dangerous condition and should have protected against it.
• Prove the plaintiff was harmed and the dangerous condition was a factor in causing harm. 

Sources:
(California Government Code Sections 810-996.6) 

Government Code Section 810 et seq.: Link to California Law

Government Code Section 911.2: Time for presenting claims.

Government Code Section 945.6: Time for commencing actions.

Government Code Section 910: Contents of claims.

Government Code Section 820.2: Immunity for discretionary acts.

Government Code Section 835: Liability for dangerous conditions of public property.

California Civil Jury Instructions No. 1100

In California, a tripping hazard on a sidewalk is defined by criteria indicating unsafe conditions. Vertical displacements of 1/2 inch or more between adjacent slabs, create uneven surfaces posing a risk to pedestrians. Large cracks or gaps in the sidewalk surface also qualify as tripping hazards. Surface obstructions like tree roots, utility covers, or other objects protruding from the sidewalk can be hazardous. Surface deterioration, like flaking or chipping, and any protruding objects like raised utility covers or metal edges that extend above the sidewalk surface, are considered tripping hazards. Property owners are responsible for repairing these, including repairing vertical displacements, cracks, and other defects. 

Source: California Department of Transportation (Caltrans), City of Los Angeles, and the ADA

Blocking a sidewalk in California is illegal under various state laws, local ordinances, and federal regulations. Blocking a sidewalk poses significant safety hazards for pedestrians and impedes accessibility, especially for people with disabilities. Those who obstruct sidewalks can face legal consequences. The Los Angeles Municipal Code prohibits placing any object on the sidewalk in a manner that obstructs pedestrian traffic. The California Vehicle Code mandates drivers must yield the right-of-way to pedestrians in crosswalks implying sidewalks and crosswalks should remain unobstructed to ensure pedestrian safety. Blocking a sidewalk is also considered a public nuisance under California Penal Code. Blocking a sidewalk violates federal ADA regulations which state sidewalks must be accessible to people with disabilities. 

Sources: California Vehicle Code Section 21950(b)

California Penal Code Sections 370 and 372

Americans with Disabilities Act (ADA)

Los Angeles Municipal Code Section 56.08(b)

To hold the city or property owner accountable in court for injury on a sidewalk, you must demonstrate their negligence in maintaining the sidewalk that caused your injury. This requires evidence that the city or owner knew or should have known about the hazardous condition and didn’t repair it within a reasonable time frame. Gather evidence like photographs of the sidewalk defect, medical records detailing your injuries, witness statements, and any previous complaints made to the city regarding the sidewalk’s condition. Governments, including cities, have certain immunities to protect them from lawsuits. However, they can be held accountable under specific conditions, if they failed to maintain the sidewalk.
Consult with a sidewalk slip and fall accident attorney who has experience with claims against municipalities. Our attorneys at Novik Law Group can help you gather necessary evidence, guide you through the legal process, and improve your chances of a successful lawsuit. With the proper evidence, we can prove negligence by the city or property management and win your case or a settlement. Allow us to review your case to see if you have a valid claim.
Los Angeles Municipal Code Section 62.104.

If you tripped on a sidewalk crack or uneven surface that needed repair and you were injured, you can sue the City of Los Angeles or the property owner, if they were negligent in maintaining the sidewalk. If the City is informed of hazardous sidewalk conditions and doesn’t take corrective action, this failure may be considered negligence which could result in liability. Our Novik Law Group sidewalk trip and fall attorney can help you win compensation for your injuries.

In California, your sidewalk fall lawyer must file a tort claim with the city within six months of the date of the incident. The city has 45 days to respond to the claim. If the claim is denied, you have six months from the date of the denial to file a lawsuit in court. Missing the deadline for filing your claim can result in losing the right to sue, so acting promptly is important. 

Sources (California Government Code Section 911.2). 

 (California Government Code Section 945.6).

In Los Angeles, you can sue for up to $10,000 in small claims court. If someone has filed more than two small claims actions in California within the previous 12 months, the limit for any subsequent claim is reduced to $2,500. A business can sue for up to $5,000. But you can’t file more than two small claims cases exceeding $2,500 in a calendar year. These limits are established by California law to make the process of resolving minor disputes more efficient and accessible. If your claim exceeds these limits, you should consider other legal avenues, like filing in a higher court or seeking legal advice from an attorney on splitting your claims if possible.
Sources: California Courts – Small Claims: Small Claims Court Information
Los Angeles Superior Court – Small Claims: Los Angeles Superior Court Small Claims

How long after an accident can you sue for personal injury in California?
The statute of limitations in California for filing a personal injury lawsuit after an accident is two years from the date of the injury. If you’re filing a claim against the city of Los Angeles, you must file within six months from the date of the injury. If the claim is denied you have six months from the date of denial to file. If your injury wasn’t immediately discovered, you have one year from the date of discovery, but no later than three years from the injury date. Be aware of these time limits and seek legal advice promptly from a pedestrian accident lawyer serving Los Angeles to ensure your rights are protected and to avoid missing filing deadlines.
Sources:
California Government Code Section 911.2
California Code of Civil Procedure Section 340.5 ​
California Code of Civil Procedure Section 335.1​
California Code of Civil Procedure Section 340.5
California Government Code Section 911.2
NOLO – Statutes of Limitations in California