Irregularity is common in streets, sidewalks, and parking lots. It is not the responsibility of the landowner with control of these areas to eliminate all irregularities. These surfaces are not required to be smooth and free of deviations.
However, a landowner or custodian of a street, sidewalk or parking lot will be held liable for defects which present an unreasonable risk of harm. Likewise, a state or public entity is also obligated to maintain its sidewalks in a reasonably safe condition.
When an action is taken against a public entity for damages resulting from a defective roadway or sidewalk the plaintiff must prove that the defendant owned the land or had custody of it, that it was defective and created an unreasonable risk of harm to others, and that the defendant had knowledge of the hazard and failed to take corrective action within a reasonable time frame.
If you have suffered an injury due to a defective sidewalk – Don’t delay – Call Clay! Our personal injury attorneys can provide an initial consultation FREE of charge to you regardless of whether or not you retain our services.