PUBLIC ENTITY LIABILITY I SLIP AND FALL I PREMISE LIABILITY – Sidewalk Falls and Roadway Falls increasing in San Diego
October 2, 2019
Public entities have an obligation to inspect roadways and sidewalks for dangerous conditions. Specifically Government Code Section 835.2(b)(1)requires that a public entity utilize “due care” by adopting an “inspection system that is reasonably adequate”… to inform the public entity whether the property is reasonably safe for the intended use of the public property.
Government Code Section 835.2(b)(1) states: “(1) Whether the existence of the condition and its dangerous character would have been discovered by an inspection system that was reasonably adequate (considering the practicability and cost of inspection weighed against the likelihood and magnitude of the potential danger to which failure to inspect would give rise) to inform the public entity whether the property was safe for the use or uses for which the public entity used or intended others to use the public property and for uses that the public entity actually knew others were making of the public property or adjacent property.”
When a public entity, such as the City of San Diego, fails to inspect public property in reasonable intervals and/or fails to adopt a reasonable inspection system to put them on notice of dangerous conditions; then the public entity can be held liable for the personal injuries sustained on the public property.
In a pending public liability lawsuit against the City of San Diego, Plaintiff Kathleen Liss fell face first on an ill-fitting water meter on a public sidewalk in La Jolla. https://www.nbcsandiego.com/news/local/La-Jolla-Woman-Sues-After-Injuring-Herself-On-Uneven-Water-Meter-Lid-504512562.html
Personal injuries sustained by poorly maintained sidewalks and roadways against public entities fall under negligent torts. Recoverable compensatory damages in a personal injury claim are discussed here:https://dianalegal.com/personal-injury-damages-compensatory-damages-for-personal-injuries/and a blog specifically addressing “What are Compensatory Damages” can be found here: https://dianalegal.com/personal-injury-personal-injury-damages-compensatory-damages/
If you have any questions about your personal injury case, a dangerous condition on a public property or public entity liability in general, we invite you to call us today at 619-432-5145 for a free consultation with one of our experienced San Diego public entity liability attorneys or California slip and fall lawyers.