Falls on Public Property

• Author: Charles E. Turnbow
• Pages: 401-423

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CHAPTER 17

Falls on Public Property

§1700 Introduction

Picture: Smooth Steel Plate on Sidewalk

§1710 Burden of Proof

Case 1: Irregular Sidewalk

§1720 Procedural Filing Requirements

Case 1: Proper Defendant

Case 2: Lack of Inspection

§1730 Falls on Public Sidewalks

§1731 Trivial Defects

Picture: Uneven Walkway

Picture: Large Tree Root

§1732 Establishing Notice

§1733 Abutting Property Owners

Picture: Leaking Sprinkler

§1734 Liquids and Debris

Picture: Debris on Steps and Sidewalk

Case 1: Sandy Sidewalk

Case 2: Sand in Remote Areas

§1735 Grates and Manholes

Case 1: Missing Manhole Cover

Picture: Corroded Manhole Cover

§1736 Protrusions and Obstructions on Public Sidewalks

Case 1: Broken Parking Sign

Picture: Metal Stub

Case 2: Guywire Anchor in Sidewalk

Picture: Anchor and Crosswalk

§1740 Airport Facilities

§1741 Parking Structures

Case 1: Fall on Oil Spill

Case 2: Crack in Parking Lot

Case 3: Defective Expansion Joint in Airport Parking Structure

§1742 Lobbies and Concourses

Case 1: Broken Expansion Joint

Case 2: Slip at Main Airport Entrance

§1743 Jetways, Loading Stairs and Ramps

Case 1: Fall in Jetway

§1744 Public Access Areas

§1750 Bus Stations

§1751 Ticket Lobbies

Case 1: Fall on Luggage

Case 2: Spilled Soft Drink

§1752 Waiting Rooms

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 FALLS ON PUBLIC PROPERTY §1700

§1760 Railroad Stations

§1761 Passenger Loading Platforms

Case 1: Fall From Train Platform

§1762 Passenger Stairway

Case 1: Geometric Pattern on Steps

§1770 Bus and Train Stops

Smooth Steel Plate on Sidewalk

This emergency exit hatch cover is located on the sidewalk at a major intersection in Los Angeles. The doors of the cover

are made of diamond plate steel. However, the ends are smooth polished steel. The sidewalk slopes from the building

toward the curb at an angle of nearly 7%. When the smooth steel surface is wet the coefficient of friction is 0.31 to rub-

ber [see §§410 et seq.]. A study done of similar covers for this transit system showed that the other covers had a textured

surface and provided a reasonable level of traction. In this case, the plaintiff turned the corner at the intersection and took

about three steps before encountering the steel plate. She slipped on the wet plate and was injured.

§1700 Introduction

Hundreds of thousands of fall accidents occur on public

property each year, most commonly on public sidewalks and

parking lots. Sidewalk falls frequently occur when pedestri-

ans trip on broken or uneven concrete due to tree roots or

other natural causes. The issue of notice is often difficult to

prove. On the other hand, the duty of the defendant city or

agency is usually expressly defined by statute and the burden

of proof is often easier to meet than in other civil cases.

When slip and fall accidents occur on public property, the

matter is handled somewhat differently than a general civil

negligence case. Special procedural conditions must be met

in such cases. Most jurisdictions have a governmental tort

liability law that modifies the plaintiff’s burden of proof. In

some states, the concept of trivial defect shields the govern-

mental agency from liability. In others there is a require-

ment that the governmental agency have actual notice of

the defect and failed to correct the dangerous condition in

a reasonable length of time. Because there is often a cap on

the amount of damages that can be awarded to the injured

party, a careful evaluation of the case liability and damages

should be conducted to determine the merits of the case.