Plan to make property owners pay for sidewalk upkeep could affect premises accident liability.
The sidewalks in South Los Angeles are broken. This is not only unsightly, it is also dangerous. The cracked, buckled, and broken pavement presents a real trip and fall hazard to pedestrians.
Right now, responsibility for sidewalk upkeep, and hence liability for sidewalk accidents, belongs to the city. But, a proposed plan from the City Administrative Office could change this.
A Drastic Solution for a Gargantuan Problem
For many years, complaints have been flowing in about the condition of city sidewalks, but little has been done to correct the situation. One analysis by the LA Times found that of the 19,000 resident complaints about sidewalk damage, only 60 percent had been addressed. Many of the repairs that did get made consisted only of asphalt patches, a temporary solution that does not necessarily result in a smooth and safe pavement.
The city does have plans to allocate $1.4 billion on sidewalk repairs over the next 30 years. But there does not seem to be any clear plan of how and where the money will be spent. Investigative reporters from the LA Times found that the city does not know how much of its 10,000 miles of sidewalk will need to be repaired or replaced, much less where the damage is located and which areas should be given priority for repairs.
Most worrisome, the City Administrative Office recently issued a recommendation for a new policy with respect to sidewalk upkeep that has been dubbed “fix and release” by locals. The recommendation calls for the city to fix the sidewalks once, and then transfer responsibility for future repairs to property owners.
Responsibility for Upkeep Would Bring Liability for Injuries
The cost of sidewalk repairs is not the only burden that the “fix and release” policy would place on property owners, some of whom are long-term residents now living on a fixed retirement income. If homeowners become responsible for keeping sidewalks in good condition, they would also become liable for any injuries that may result from negligence in their execution of this duty. In other words, they could be responsible for premises accident lawsuits stemming from sidewalk accidents. This would likely increase their insurance premiums, placing stress on already financially shaky households.
According to a survey conducted by the city council, residents are overwhelmingly—and unsurprisingly—against this idea.
We will be watching this issue carefully to see how it may change the options available to individuals injured in sidewalk accidents in South Los Angeles.
