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Who is responsible for city sidewalks?

On Behalf of | May 18, 2022 | Premises Liability

Cities put a lot of planning and labor into their downtown areas. Benches and trees along city sidewalks make it a pleasant place to go, whether running errands or just enjoying a leisurely stroll.

However, it seems many city planners forgot one thing – as trees grow, so do their roots. Those roots cause sidewalks to heave and crack. Unfortunately, those heaving sidewalks can cause you to trip and fall and maybe sustain an injury.

If that happens, can you file a lawsuit? Who do you file it against – the city or the business next to the sidewalk?

City vs. Business Responsibility

City sidewalks are an essential part of the infrastructure that makes urban living possible. They provide a safe, convenient place for pedestrians to walk, and they also help keep pedestrians safe by keeping them out of the street. In most cases, city sidewalks are the municipality’s responsibility. This means that the government is responsible for maintaining them and ensuring that they are clear of any hazards.

However, private property owners may be responsible for maintaining the sidewalk in front of their property in some cases. The city code states that business owners are responsible for ensuring the sidewalks in front of their stores are clear of snow and ice, but it does not reference cracked, heaving or broken sidewalks.

The city is responsible for maintaining safe sidewalks, and businesses are responsible for keeping their sidewalks clear of debris. If either the city or the business owner fails to do so, they may be held liable for any injuries that occur as a result.

To succeed in a lawsuit, you will need to prove that the city or business owner was negligent in maintaining the sidewalk. This can be done by showing that they knew or should have known about the dangerous condition and failed to take action to repair it. If you can prove negligence, you may be able to recover damages for your medical bills, lost wages, and pain and suffering.

 

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