Uneven walking surfaces—cracked sidewalks, potholes, raised sections, and broken pavement—cause countless trip and fall injuries. Property owners and municipalities responsible for maintaining these surfaces may face liability when surface defects cause pedestrian injuries.
Types of Uneven Surface Hazards
Cracked or broken sidewalks create tripping hazards when sections heave, settle, or break apart. Tree root damage frequently causes sidewalk sections to lift.
Potholes in parking lots, driveways, and walkways can catch feet and cause falls. Water pooling often indicates pothole locations.
Raised or sunken surfaces where pavement sections meet at different heights create step hazards. Even small elevation changes can cause trips.
Transition hazards between different surface types—asphalt to concrete, interior to exterior—can have unexpected height differences.
Property Owner Liability
Property owners have duties to maintain walking surfaces in reasonably safe condition. Known hazards must be repaired or warned against. Regular inspection should identify developing problems before they cause injuries.
Liability typically requires showing the owner knew or should have known about the hazard, the owner failed to repair or warn, and the hazard caused your fall and injuries.
Municipal Sidewalk Liability
Many sidewalks are technically on public property or public rights-of-way, raising questions about whether property owners or municipalities bear responsibility. Rules vary by jurisdiction:
Some jurisdictions hold adjacent property owners responsible for sidewalk maintenance. Others place responsibility on the municipality. Some split responsibility based on the hazard's location or cause.
Claims against municipalities require compliance with government tort claim procedures, including short notice deadlines.
Notice of the Hazard
Notice is critical in trip and fall cases. You must show the property owner had actual notice (knew about the specific hazard) or constructive notice (the hazard existed long enough that reasonable inspection would have discovered it).
Long-standing, obvious defects support constructive notice. A sidewalk crack that's been there for years clearly should have been discovered and addressed.
Height Differential Standards
Courts and building codes often reference specific height differentials. Height changes of 1/4 inch or more are commonly considered hazardous. Larger differentials strengthen claims, while smaller ones may be considered trivial.
However, there's no universal "safe" height threshold. Context matters—a height change might be acceptable in one location but hazardous in another based on lighting, traffic patterns, and expectations.
Evidence Documentation
Photograph the hazard immediately if possible. Measure height differentials with a ruler or coin for scale. Document the specific location precisely—this evidence is essential if the defect is later repaired.
Note lighting conditions, surrounding distractions, and anything that made the hazard difficult to see. Identify any witnesses who saw the condition or your fall.
Comparative Fault Defenses
Defendants commonly argue plaintiffs should have seen and avoided obvious hazards. "Open and obvious" defenses and comparative fault can reduce or bar recovery depending on your jurisdiction.
Counter-arguments include that you were distracted by legitimate reasons, the hazard was obscured by shadows or debris, and you had no reason to expect the surface defect.
Pursuing Your Claim
If you've tripped on an uneven surface, document the hazard immediately. Identify who owns or maintains the property. If the sidewalk is public, determine whether city, county, or adjacent owner is responsible.
Consult an attorney to navigate notice requirements, government immunity issues, and liability theories for your specific situation.