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Torts/Personal Injury

Aug. 29, 2024

Cracked concrete, crumbling trust: LA's neglect of sidewalk safety

LA's neglected sidewalk maintenance is drawing criticism for shifting blame to pedestrians and property owners. The result? Hazardous conditions, especially for vulnerable groups.

P. Christopher Ardalan

Founder, Ardalan & Associates, PLC

Phone: (818) 702-2570

Fax: (818) 702-2571

Email: pca@ardalanlaw.com

Shutterstock

Picture this: A landlord neglects his building's hallways for years, leaving gaping holes and broken concrete that endanger tenants using walkers and wheelchairs. When a resident falls and suffers severe injuries, the landlord shrugs off responsibility, claiming his property is too vast to monitor. He insists tenants should watch their step and bear the consequences of any accidents. Despite employing maintenance staff, he argues it's solely the tenants' duty to report hazards.

This scenario would likely outrage any reasonable juror. Such blatant negligence would typically result in citations from health and safety departments, potential loss of tenants, and significant legal liability.

Now, consider the City of Los Angeles's stance on sidewalk maintenance. Shockingly, their defense in cases involving injuries from dilapidated sidewalks mirrors our hypothetical negligent landlord.

The city often claims that they lack a proactive sidewalk inspection policy and only address issues reported by the public.

They further claim they bear no responsibility, arguing that pedestrians should be more careful and are to blame for their own injuries.

At times, The City of Los Angeles even tries to avoid responsibility for sidewalk maintenance by pointing to Municipal Code Section 62.104 and California Steets and Highway Code Section 5610, which requires adjacent property owners to repair and maintain sidewalks. However, this interpretation is overly simplistic. While the code does place some duty on property owners, it doesn't fully absolve the city of liability. The "Safe Sidewalks LA" program acknowledges the city's role in repairs, especially for damage caused by city trees. Moreover, California courts have ruled that cities can be held liable for sidewalk injuries even when local laws assign maintenance duties to property owners.

By attempting to shift blame entirely to property owners or pedestrians, the city neglects its fundamental duty to ensure public safety.

Just as we'd hold a negligent landlord accountable, shouldn't we expect more from our city government? Los Angeles's approach to sidewalk maintenance raises serious questions about public safety and municipal responsibility.

Los Angeles, as a steward of public spaces, should be held to a higher standard of accountability than a private landlord. Here's why:

1. Public Safety: Sidewalks are essential for pedestrian safety and accessibility. The city has a fundamental duty to ensure all residents, including those with disabilities, can navigate them safely.

2. Equal Access: Well-maintained sidewalks are crucial for equal access to public spaces and services. Neglecting them disproportionately affects the elderly, disabled, and economically disadvantaged.

3. Liability and Fiscal Responsibility: Proactive maintenance is more cost-effective than reactive repairs and lawsuit settlements. The city's current approach may save money in the short-term but could lead to higher long-term costs.

4. Public Trust: A city that visibly cares for its infrastructure builds trust with its residents. Neglect erodes this trust and the perceived value of public services.

5. Legal Obligation: Many jurisdictions recognize a municipality's duty to maintain public walkways. Los Angeles should align with these best practices.

6.  Moral Obligation: The human cost of neglected sidewalks goes far beyond mere inconvenience. Victims of these hazardous conditions often suffer life-altering injuries that drastically diminish their quality of life and plunge them into financial turmoil. The choice between the city--an entity tasked with serving and protecting its residents--and an innocent pedestrian shouldering the burden of injury is a stark one. It's fundamentally unjust to place the entire weight of responsibility on the victim. The city, with its resources and mandate to ensure public safety, should bear the primary obligation to maintain safe walkways. When it fails in this duty, it's not just concrete that cracks--it's the social contract between government and citizens. Forcing victims to bear the full brunt of the consequences not only compounds their suffering but erodes public trust in municipal leadership and infrastructure management. A compassionate and just society demands better from its civic institutions.​​​​​​​​​​​​​​​​

As countless residents fall victim to hazardous walkways each year, it's time for Los Angeles to step up. The city must transition from a reactive, blame-shifting approach to a proactive stance that prioritizes public safety and accessibility. Only then can Los Angeles truly claim to be serving its citizens' best interests.

In the meantime, those who fall victim to hazardous sidewalks must turn to skilled attorneys well-versed in this nuanced area of law. These legal experts navigate the intricate maze of municipal liability, working tirelessly to secure justice for their clients. Their expertise is crucial in overcoming the hurdles posed by complex regulations and city defenses. Through their efforts, victims stand a better chance of obtaining fair compensation--not just for immediate medical expenses, but for the profound, long-term impact these injuries often have on their lives. As they fight for their clients, these attorneys also serve a broader purpose: holding cities accountable and pushing for safer public spaces that benefit all residents.​​​​​​​​​​​​​​​​

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