Uneven sidewalks can slide out of position slowly over many seasons. Frequently, the incursion of tree roots can lead to one section of sidewalk becoming raised slowly when compared with surrounding areas. Other times, animal activity, age, improper installation and ground settling can all lead to sidewalks becoming uneven. It usually takes many weeks to occur, but sudden disruptions to the ground nearby can cause rapid shifts in some cases.
Sidewalks that are uneven are a hazard for many parties. People jogging or running may not notice an uneven surface until they are dangerously close. Older adults who rely on canes and walkers can easily end up hurt when they encounter uneven sidewalks. Those who rely on wheelchairs due to disabling medical conditions are also at significant injury risk when they encounter uneven sidewalks without preparation. People can fall and suffer a variety of different injuries, such as brain injuries. In some cases, they may even end up in traffic and at risk of severe traumatic injuries.
Who is responsible for sidewalk maintenance and therefore liable if people get hurt due to damaged or uneven sidewalks?
Property owners should maintain sidewalks
In Georgia, responsibility for sidewalk maintenance typically falls to individual property owners. This is true in commercial areas as well as in residential neighborhoods. In times when inclement weather occurs, homeowners have an obligation to remove ice and snow. They also need to repair broken pieces of cement or bring in professionals to address uneven sidewalks that could endanger pedestrians.
When property owners fail to take adequate care of the sidewalks near their homes, they open themselves up to liability. They could potentially face homeowner’s insurance claims and personal injury lawsuits because people get hurt on the sidewalk adjacent to their property. Lawsuits are sometimes necessary to resolve insurance matters and ensure that those injured by improper maintenance of crucial infrastructure receive appropriate compensation.
Understanding who might be to blame for a sidewalk slip-and-fall scenario can help those injured in such incidents decide what to do. They may be able to seek compensation for medical expenses, lost wages and property damage costs if they get hurt due to sidewalks in poor condition.