Types of Injuries from Falling Due to Uprooted Sidewalks in Los Angeles
Sidewalks in Los Angeles, like in many urban areas, can often become hazardous due to uprooted pavement. These sidewalk impairments can lead to serious injuries for pedestrians. This blog explores the types of injuries people may suffer when falling due to uprooted sidewalks, what causes these uproots, and the complex issue of liability between homeowners and the city of Los Angeles.
7/8/20245 min read
Steps to Take if Injured on a Sidewalk
If you are injured due to an uprooted sidewalk, there are several steps you should take to protect your rights and improve your chances of receiving fair compensation.
Seek Medical Attention
Your health and safety should be your top priority. Seek immediate medical attention for your injuries, even if they seem minor. Some injuries may not be apparent right away but can become more serious over time.
Statistics: Timely medical intervention can significantly improve outcomes for accident victims (CDPH).
Document the Incident
Take photographs of the scene, the sidewalk defect, and your injuries. Collect contact information from any witnesses who can corroborate your account of the incident.
Report the Hazard
Report the sidewalk defect to the City of Los Angeles through their online portal or by contacting the Bureau of Street Services. This ensures the hazard is documented and potentially mitigated to prevent future injuries.
Uneven or cracked sidewalks due to uproots can easily cause pedestrians to trip and fall, leading to various injuries. These injuries range from minor to severe, depending on the nature of the fall and the pedestrian's physical condition.
Common Injuries
Sprains and Strains
Ankle Sprains: Twisting an ankle on an uneven surface can cause sprains or even fractures.
Wrist Sprains: When trying to break a fall with their hands, pedestrians can sprain or fracture their wrists.
Fractures
Hip Fractures: Particularly common among older adults, hip fractures from falls can be severe and require surgery.
Arm and Leg Fractures: Falling on a hard surface can result in broken arms or legs, leading to long recovery times.
Head Injuries
Concussions: Hitting the head on the pavement can cause concussions, which may have long-term effects on cognitive function.
Skull Fractures: More severe falls can lead to skull fractures, which are medical emergencies.
Cuts and Abrasions
Lacerations: Sharp edges of broken pavement can cause deep cuts, requiring stitches.
Road Rash: Sliding on the pavement can lead to abrasions, often painful and requiring medical attention to prevent infection.
Causes of Uprooted Sidewalks
Sidewalk uproots are typically caused by natural and human-made factors. Understanding these causes can help address the root of the problem and implement effective solutions.
Tree Roots
Tree roots are a common cause of sidewalk damage in Los Angeles. Trees planted along sidewalks can have roots that grow beneath the pavement, causing it to lift and crack.
Soil Erosion
Soil erosion due to water runoff or poor drainage can weaken the foundation of sidewalks, leading to sinking or cracking. This is particularly prevalent in areas with heavy rainfall or poor water management systems.
Improper drainage systems contribute to 15% of sidewalk erosion issues in the city (UCLA).
Poor Construction
Substandard construction methods or materials can lead to early deterioration of sidewalks. Inadequate compaction of the base material or the use of low-quality concrete can cause sidewalks to break down more quickly.
Statistics: The American Society of Civil Engineers (ASCE) notes that infrastructure quality issues, including poor sidewalk construction, significantly affect urban environments (ASCE).
Liability: Homeowner vs. City of Los Angeles
Determining liability for injuries caused by sidewalk uproots can be complex, involving both homeowners and the city government.
Homeowner Liability
In Los Angeles, property owners are often responsible for the maintenance of the sidewalk adjacent to their property. If a pedestrian is injured due to a sidewalk defect, the homeowner may be held liable if they failed to maintain the sidewalk properly.
Statistics: Data from the Los Angeles County Bar Association indicates that about 60% of sidewalk injury claims involve some degree of homeowner liability (LACBA).
Arguments Against Homeowner Liability:
Lack of Notice: Homeowners might argue they were not aware of the sidewalk defect. Liability generally requires that the homeowner knew or should have known about the hazard.
Limited Control: Homeowners may claim that they have limited control over factors causing the damage, such as city-planted trees.
How Our Firm Defeats These Arguments:
Constructive Notice: We gather evidence showing that the defect was present long enough that the homeowner should have known about it. Photographic evidence, expert testimony on the growth rate of tree roots, and maintenance records can support this argument.
Maintenance Responsibility: By highlighting the homeowner’s responsibility under local ordinances to maintain their sidewalk, we can argue that failure to address known risks constitutes negligence. We may also show previous complaints or requests for repairs.
City Liability
The city of Los Angeles can also be held liable for sidewalk injuries, particularly if the sidewalk damage is extensive or if the city was aware of the hazard and failed to take action. The city has a duty to maintain public spaces and ensure they are safe for public use.
Claims Process: Injured parties must file a claim with the City of Los Angeles within six months of the injury. The city will investigate the claim and determine liability
Statistics: The City of Los Angeles settles hundreds of sidewalk injury claims annually, with millions paid out in damages (City of LA).
Arguments Against City Liability:
Governmental Immunity: The city may claim immunity under governmental immunity laws, which can protect municipalities from certain types of lawsuits.
Contributory Negligence: The city might argue that the pedestrian was partially at fault due to not paying attention or failing to avoid the obvious hazard.
How Our Firm Defeats These Arguments:
Exception to Immunity: We can demonstrate that exceptions to governmental immunity apply, such as cases involving a known dangerous condition of public property that the city failed to address despite having adequate notice.
Duty of Care: By proving that the city had actual or constructive notice of the defect and failed to take reasonable steps to repair it, we can hold the city accountable. We may use public records requests to obtain maintenance logs and previous complaints about the sidewalk condition.
Statute of Limitations
Understanding the statute of limitations is crucial for ensuring your claim is filed on time.
Six-Month Government Tort Claim
For claims against the City of Los Angeles, you must file a government tort claim within six months of the injury date. This process involves submitting a detailed account of the incident, including evidence and documentation.
Two-Year Personal Injury Claim
For personal injury claims not involving government entities, California law provides a two-year statute of limitations. This means you have two years from the date of the injury to file a lawsuit. Failing to file within this period typically results in the loss of your right to pursue compensation.
Statistics: The success rate of personal injury claims can be significantly affected by timely filing (California Courts).
Conclusion
Sidewalk impairments caused by uproots present significant hazards to pedestrians in Los Angeles, leading to various injuries ranging from minor cuts and sprains to severe fractures and head injuries. These hazards are primarily caused by tree roots, soil erosion, and poor construction. Determining liability for such injuries can be complex, involving both homeowners and the city government.
Homeowners are generally responsible for maintaining the sidewalks adjacent to their properties, while the city may be liable for more extensive damages or known hazards that go unaddressed. By understanding the common arguments against liability and how to counter them, our firm ensures that victims receive the compensation they deserve.