Many falls happen on sidewalks: a raised slab, a crack, a hole around a tree or a missing piece of concrete. People who are hurt this way often hear the same answer from a city or a property owner: the defect was too small to matter. California law does treat some sidewalk defects as “trivial.” But size alone does not decide the case. This article explains how these claims work.
The “trivial defect” rule
Sidewalks are never perfectly flat, and the law does not expect them to be. Under California’s trivial defect rule, a minor defect that does not create a substantial risk of injury for people using ordinary care is not a basis for liability. Owners and cities use this rule to ask a court to end the case early.
Size is not the only question
Courts look at more than a measurement. The surrounding facts matter: Was the area poorly lit? Was the defect hidden by leaves, shadows or a crowd? Was it on a busy route where people look ahead rather than down? Had other people fallen there? Did the owner or city know about it? A defect that seems small in a photo can be dangerous in real conditions.
Who is responsible for a sidewalk?
Often it is the city or county that owns the sidewalk. In some cases a nearby business or property owner may share responsibility, for example if they caused the damage or use the sidewalk for their own purposes. Finding the right party early matters, because the rules for each are different.
Claims against a city have short deadlines
A claim against a public agency must usually be started with a written government claim, and the deadline is short, often measured in months, not years. Missing it can end the case, no matter how serious the injury. Read more about claims against a government agency.
What to do after a sidewalk fall
- Photograph the defect with something for scale, such as a coin or a shoe, and photograph the surrounding area and lighting.
- Note the exact location: the address, the nearest cross street and landmarks.
- See a doctor and keep your records.
- Call a lawyer early, because of the short deadline for claims against a public agency.
We handle premises liability and trip-and-fall cases across California, including Los Angeles and Orange County.