Pedestrian slips, trips and falls can easily become costly insurance claims for municipalities. Claims can come from anything from a poorly maintained sidewalk, a drainage washout after a storm, tree roots pushing up a section or sidewalk, or even a broken or misplaced water meter cover.
In cases where the city has clear responsibility for an uneven sidewalk that has become a trip hazard, it might address the issue by grinding down the protruding section. In plenty of cases, however, the city does not maintain responsibility or ownership of the sidewalk, so municipalities should not automatically accept or deny liability for claims.
Investigating claims
Slip and fall incidents require a claims adjuster investigation to determine the responsible party and the claim’s validity. Once a city issues a liability payment for a claim or lawsuit because of a slip or trip in a specific area, it could set a precedent for future claims and lawsuits. Adjusters verify who owns the property where an incident occurred and who is responsible for its design, maintenance and repairs.
What seems like a straightforward task, however, may be complicated. There may have been agreements or easements with municipal or state governmental entities that have changed ownership and maintenance responsibilities for the facility over time, such as a sidewalk or park. These documents are not always readily available.
When investigating a claim, adjusters will ask how the individual filed the original complaint, what documentation of the notice exists, and if there were independent witnesses to the incident. Municipalities need to report claims immediately to their insurance providers when they happen. Not providing requested information promptly can delay an investigation, and even lead to costly lawsuits.
During a litigation discovery process, the defendants will require the same information the adjuster requested during the initial evaluation of the claim. The legal defense fees for completing the discovery process and taking depositions may cost more than what the case could have been settled for before litigation.
Managing sidewalk risks proactively
Staying on top of potential issues means having a regular inspection process for city sidewalks, a notification process for any city employee to identify and communicate a problem area with the public works department, and dedicated funding in the budget for sidewalk repairs. Many cities have a formalized process for accepting reports of maintenance issues including sidewalk problems. Municipal apps, for example, often allow users to give the location and a photo of the issue.
The best way to prevent buckling from tree roots is to have the right kinds of trees — ones with roots that grow downward — around the sidewalk in the first place. The SC Department of Transportation offers a list available online, “Suggestions for Street Trees & Sidewalk Plantings,” ranging from Red Maples to Willow Oaks and Cabbage Palmettos.
Making repairs
Sidewalk dangers can be as simple as a drainage washout that has deposited sand or debris on the sidewalk, or a broken or missing meter cover — a frequent source of trip-and-fall claims. Trees can present a more substantial challenge, since root growth under the sidewalk can push it up, creating uneven slabs that can easily trip passersby.
A sidewalk buckled by a growing tree has several solutions. In a mild case with limited slab displacement, the city could use a scarifier to grind down uneven surfaces. In a more serious case, workers can cut out the problematic parts of the sidewalk with a wet saw, remove the root structure and replace the sidewalk. Members of the SC Municipal Insurance and Risk Financing Fund have access to a grant that reimburses up to half the cost of buying or renting scarifiers, up to $4,000, available on a first-come, first-served basis. Learn more online.
When making repairs, workers should use barricades and signage to close the section of sidewalk to foot traffic. Barricading is also advisable in situations where the tripping hazard cannot be fixed immediately.
Who has liability?
For cases where the sidewalk or walking surface is not owned by the city, but the city has received a report on a dangerous condition, it may still have a duty to inform the property owner — such as the state or the county — of the condition. If the city voluntarily repairs or maintains the sidewalk, it may have assumed liability. Officials can help the city avoid assuming liability while making a repair with a form letter on file to report dangerous conditions to the property owner. Such a letter should include several points of information:
- A description of the defect or damage involved — for example, a pothole, or a sidewalk lifted up by an overgrown tree.
- The location of the problem area, naming streets and addresses.
- A statement that describes the property owner’s legal responsibility for the maintenance of the problem area and any activities necessary to ensure public safety.
The form letter should state that the city’s assistance was a one-time event. For example, the note should state, “please note that after repairs are made the city does not intend to continue maintenance on this segment of the property owner’s roadway/sidewalk.”
For questions about sidewalk-related risk management, contact losscontrol@masc.sc.