Sidewalk, Stair, and Curb Maintenance

     Sidewalk and stairway maintenance is a constant and worrisome activity, especially in northern parts of the country such as New York State. Snow and ice in the winter combined with weeds and rain in the summer cause damage to our sidewalks. Cracks and changes in sidewalk elevation should be monitored from year to year. We should do this to keep others from tripping, falling, or otherwise injuring themselves on our property. Sometimes, however, even a tiny crack or bump in the concrete can cause someone to injure themselves. So what can be done to protect people who do carefully maintain their property from a lawsuit? Defenses against sidewalk defect-based lawsuits are discussed in a New York Law Journal article written by Robert S. Kelner and Gail S. Kelner.

     A sidewalk defect could indicate anything from a clump of weeds growing in between panels of concrete to an elevated slab. When a sidewalk defect becomes the cause of an accident, the court must decide whether the defect is trivial or actionable. A trivial defect is one that is not significant enough to have caused an accident under normal circumstances; an actionable defect is the exact opposite. 

    So how does the Court decide whether a sidewalk or stair defect is trivial or actionable? A person might guess that the size of the defect determines its status. The bigger the defect, the more potential it has to cause harm, right? Actually, size is just one of several factors that the Court uses to make their decision. The size of the defect alone is not sufficient enough to determine whether it is actionable. There is no minimal size requirement for a defect to be considered either actionable or trivial.

     Along with size, the Court also considers the width, depth, height, irregularity, and visibility of the defect in question. The defect’s surroundings must also be examined. Some environmental factors can worsen the effect of the defect should someone be injured by it. If a defect is difficult to see due to its location, it may be actionable regardless of its size.

     Think of two curbs: one on a residential road somewhere in a small town in the North Country and one on a busy street in the city of Plattsburgh, New York. There are few street lights in the residential road, and so the curb there is poorly lit. The residential curb is also starting to crack and crumble due to many harsh winter seasons. The curb is elevated from the street unevenly and is in need of repair. By contrast, the curb in Plattsburgh is well lit and is maintained regularly. However, this curb has a sharp unmarked edge and is at a greater height than the sidewalk beside it. This section of Plattsburgh also experiences large amounts of traffic.

     Which of these two curbs is likely to be considered a dangerous defect by a reviewing court? The answer is both. Even though these curbs are found in to different environments, there are factors that make each one dangerous. The residential curb is rough and badly lit which may cause someone to stumble and fall. The Plattsburgh curb has a sharp edge at an odd height from the ground and even though it is regularly worked on, it is not marked and a pedestrian may not notice its height do to the heavy traffic. In this example, the height, illumination, condition, and environment for each curb were considered; size was not, but could have been.

     Another why in which the Court analyzes defects is based on whether they could be avoided. If a person could easily avoid a defect while walking like a normal human being, it may be considered trivial.  

     Property owners should always inspect their sidewalks for defects that could cause pedestrians to be injured. If a significant defect is found, it should be taken care of as soon as possible. If it cannot be fixed immediately, it should be marked so that pedestrians can avoid it. Property owners should also consider how their property is lit.

     Contact your local government for curb and sidewalk maintenance or the placement of street lighting around your property. Municipal governments are responsible for fixing roads, curbs, and sidewalks that are used publically, along with the residential owner under certain circumstances. Moreover, in regard to village and city sidewalks, the village and city can be found liable only if a specific notice has been delivered to that municipality describing the defect. That notice of the dangerous defect must be sent prior to the accident. So if you do see a dangerous defect or condition in a sidewalk or curb that you think is going to cause an accident and harm someone, take a few minutes and notify the village or town clerk or the city clerk to help protect others. This notification should be in writing.

     

     For more information about the legal implications of sidewalk or stair defects, or if you or someone you love has been injured due to such a defect, contact Poissant, Nichols, Grue, and Vanier at:

367 West Main Street                                                                        45 Market Street

Malone, New York 12953                                                                 Potsdam, New York 13676

Phone: (518) 483-1440

Toll Free: 1-800-924-3529

-Joseph Nichols

-Paul Nichols