Imagine you are strolling down a sidewalk in your neighborhood. Suddenly, you trip on an uneven section of concrete, causing you to fall and break an arm. Now you are stuck with significant medical bills all because the sidewalk was in a potentially hazardous condition. So, who is liable for these expenses? The answer varies by jurisdiction and by state. Washington and Oregon have distinct laws that place the responsibility of the condition of a property’s abutting sidewalk on different people.
“The Supreme Court of the State of Washington has ruled that cities are legally responsible for the physical condition of public sidewalks,” (Schauermann Thayer, 2020). The homeowner of the abutting property is only responsible if it is deemed that they caused or contributed to the hazardous condition. There are no set regulations for what is defined as a cause or contribution. These disputes are often settled on a case-by-case basis. For example, a homeowner may be liable for a tree planted near a sidewalk with untrimmed branches or roots that obstruct the walking path. Generally, it will be up to a jury to decide the party at fault, if any.
In contrast, Oregon has harsher laws pertaining to a homeowner’s sidewalk responsibility. Oregon’s Supreme Court has ruled that individual cities can decide who holds the responsibility for the condition of their abutting sidewalk. For example, in Portland, the homeowner is typically responsible for the condition of their abutting sidewalk. This includes cracks, offsets, and root intrusion under the concrete slabs. “Property owner(s) shall be liable for any and all damages to any person who is injured or otherwise suffers damage resulting from the defective condition of any sidewalk, curb, driveway or parking strip adjacent to said land,” (City of Portland, 2022).
Repairing damaged sections of a sidewalk can be an expensive repair for a homeowner. However, the potential for lawsuits stemming from an injury can be much worse. For example, in 2007, an 84-year-old woman tripped on an uneven sidewalk in northeast Portland and later died. This led to a $825,000 wrongful-death lawsuit against the property owner.
In conclusion, periodically inspecting your sidewalk and ensuring it is free from debris, personal items, tree branches, roots, and uneven slab surfaces can help to protect pedestrians while also preventing unexpected lawsuits. We also recommend checking the regulations for sidewalk repairs in your area and consulting with a qualified contractor if repairs are needed.
This post is not legal advice. You should consult your own lawyer if you have concerns about liability concerns.
