Cities have a legal duty to exercise reasonable
care to keep sidewalks in reasonably safe condition. Cities must have actual or constructive
notice of an unsafe sidewalk condition and a reasonable opportunity to correct
it before they can be found liable for accidents related to that condition. The notice issue usually requires a trial to
resolve.
In a recent unpublished opinion, the Washington Court
of Appeals reversed a trial court’s ruling that the City of Seattle was not
liable after a man tripped and fell over a part of the sidewalk that was lifted
almost an inch. The Court of Appeals
ruled that the injured man must be given an opportunity to prove that a dangerous
condition existed for a sufficient period of time that the City must have known
of its existence if it was exercising ordinary care and diligence. The Court of Appeals concluded that a trial
was necessary because reasonable minds could differ in determining whether the
City’s maintenance policy was reasonable under the circumstances.
Condominium and homeowners associations also have
liability exposure if they fail to properly maintain and repair their common areas.
Associations can avoid liability by
inspecting their common areas regularly and by addressing dangerous conditions
promptly. Boards should consider developing
comprehensive policies to keep common areas safe in consultation with their
associations’ attorneys, property managers, and insurance agents.
