Sidewalk Trip and Fall in Sonoma or Marin

Sidewalk falls sit where two sets of rules meet: the rules for public property, and the duties of the owner next door. For how these cases work in general, see our dangerous conditions of public or private property page.

What happens after a sidewalk fall, step by step?

Document the spot the same day if you can: the height difference, the area around it, the lighting.
Get medical care and keep the records.
Find out who is involved. The city or county that owns the sidewalk, and the owner of the lot next to it, especially if the owner changed the sidewalk.
Present a written claim to the city or county within six months (Government Code 911.2), on that agency's form.
Wait for the decision. The agency has 45 days to act; if it does nothing, the claim is treated as rejected (Government Code 912.4).
Bring a claim against the adjacent owner if the facts point to them; that claim generally has two years (Code of Civil Procedure 335.1).
File a lawsuit if needed, within six months of a written rejection by the public entity (Government Code 945.6).

What does state law say about who maintains a sidewalk?

California's Streets and Highways Code puts the day-to-day duty on the owner of the lot that fronts the sidewalk, and gives the city a way to enforce it:

Step	What the law says	Streets and Highways Code
The duty	Owners of lots fronting a public street must maintain the sidewalk so it does not endanger people or property, except for conditions someone else created under a permit.	5610
Notice to repair	When a sidewalk is out of repair and could endanger people, the superintendent of streets must notify the owner or occupant to repair it, in person or by mailed postcard.	5611, 5612
City repair	If the repair is not started within two weeks of the notice and carried through, the city makes the repair and the cost becomes a lien on the property.	5614, 5615

That duty to maintain is not the same as liability to a person who falls. California's jury instruction says an owner or occupier must avoid creating an unsafe condition on the surrounding public sidewalks (CACI 1007). The court decisions the Judicial Council lists with that instruction add that a local ordinance requiring owners to maintain sidewalks creates a duty to pedestrians only if it says so clearly and unambiguously.

When is the city responsible?

A city, county or other public entity is liable for an injury caused by a dangerous condition of its property when the condition created a reasonably foreseeable risk of that kind of injury, and either a public employee created it or the entity knew or should have known of it in time to fix it, guard against it or warn about it (Government Code 835). A dangerous condition is one that creates a substantial, not a minor or trivial, risk of injury when the property is used with due care (Government Code 830).

"Should have known" means the condition existed long enough, and was obvious enough, that the entity should have found it with due care. The evidence can include whether a reasonably adequate inspection system would have discovered it, and whether the entity ran its system with due care (Government Code 835.2).

Small height differences raise a special rule. A court can decide, as a matter of law, that a defect was so minor, trivial or insignificant, in view of the surrounding circumstances, that no reasonable person would see a substantial risk of injury (Government Code 830.2). Because the surrounding circumstances count, careful photos of the whole area matter, not only of the crack. Our guide on what a trivial defect is explains how courts apply this rule and when it is raised in a lawsuit.

When is the owner next door responsible?

When the owner changed the sidewalk for the property's own use. Under California's jury instruction on altered sidewalks, the injured person must show that the owner, or a previous owner, altered the part of the sidewalk that caused the harm or asked the city to alter it; that the alteration benefited only that property and served a purpose different from ordinary sidewalk use; that the owner failed to use reasonable care in creating or maintaining it; and that this caused the harm (CACI 1008). The Judicial Council's notes on that instruction mention traps such as meter boxes and similar devices set into the sidewalk for the owner's benefit.

A business that fronts the sidewalk is also responsible for conditions it creates there. If something the business put out, spilled or left caused the fall, our guide on how to prove a property owner knew about a hazard explains notice.

Where do I file a claim against a city in Sonoma or Marin County?

Each city takes its own claims. Some examples, from each city's official page:

City	Where the claim goes
Cotati	The Office of City Manager and City Clerk handles claims. City Hall, 201 West Sierra Avenue. 707-792-4600. More on our Cotati page.
Santa Rosa	City Clerk's Office, 100 Santa Rosa Avenue, Room 10. Hand delivery 8:00 AM to 5:00 PM Monday to Thursday and 8:00 AM to 1:00 PM every other Friday. Questions to Risk Management, (707) 543-3024. More on our Santa Rosa page.
Petaluma	The City Clerk, 11 English Street. State law lets a claim be delivered or mailed to a city's clerk (Government Code 915). More on our Petaluma page.
Rohnert Park	City Clerk's Office only, first floor of City Hall, 130 Avram Avenue, in person or by mail. Claims go to the City's Claims Administrator, and the City may tell you within 45 days what action it will take. Call 707-588-2227 to book an in-person visit. More on our Rohnert Park page.
Windsor	The Town's "Claim for Money or Damages Against the Town of Windsor," addressed to the Town Clerk. Town Hall, 9291 Old Redwood Highway, Monday to Thursday. More on our Windsor page.
Healdsburg	The City's claim form, in English or Spanish. The Risk Manager is in the City Manager's Office, 401 Grove Street, (707) 431-3317. More on our Healdsburg page.
Sonoma	The City's claim form, in person, by mail or by fax, to the Office of the City Clerk, No. 1 The Plaza. The City says there is no cost to file. More on our City of Sonoma page.
San Rafael	Submit online, or in person or by mail to the City Clerk's Office, 1400 Fifth Avenue, Room 209, (415) 485-3066. An outside adjuster reviews the claim. More on our Marin County page.

A sidewalk on a county road outside city limits points to the County instead. Our guide on how to file an injury claim against a city, county or the State gives the County of Sonoma and County of Marin addresses and what every claim must include.

Santa Rosa's own answer to street and sidewalk questions is a useful warning: the City says it is often not liable for negligence and, in most of those cases, is liable only if the claimant shows liability under the Government Code. That is the Government Code 835 test above.

What are the deadlines?

Against a city or county, the written claim is due within six months of the fall (Government Code 911.2). If that is missed, a written application to present a late claim can be made within a reasonable time, no later than one year (Government Code 911.4). The entity has 45 days to act (Government Code 912.4). Against a private owner, a lawsuit for injury generally must be filed within two years (Code of Civil Procedure 335.1). Because it is not always clear at first who is responsible, the six-month date is the one to plan around. See California personal injury deadlines.

What changes the answer?

The size of the defect and its surroundings. A small height difference may be found trivial as a matter of law, but the decision looks at the surrounding circumstances (Government Code 830.2), such as lighting, shadows, debris and what drew a walker's attention.

Who changed the sidewalk. A driveway apron, a planter box, a meter box or a step built for the property's own benefit can shift responsibility to the owner (CACI 1008).

Whether the city knew. Earlier complaints, repair requests or a notice to repair under Streets and Highways Code 5611 can show actual notice; an inspection program, or the lack of one, bears on constructive notice (Government Code 835.2).

Where the walkway is. A path inside a shopping center or an apartment complex is private property, and the rules in our guide on what to do after a fall at a store or business apply.

You were riding, not walking. A cyclist thrown by broken pavement makes the same dangerous-condition claim; see our guide on crashes caused by a dangerous road.

Your own care. If you were also careless, your damages are reduced by your share of responsibility (CACI 405).

What could this look like? An example

For example, imagine a man walking home at dusk in Santa Rosa who catches his toe on a slab lifted by a tree root and breaks his wrist. The next morning his daughter photographs the slab with a ruler showing about an inch and a half of lift, and pictures the whole block, the nearest streetlight and the house number.

Neighbors say they reported the slab to the City months earlier. Within six months, he delivers the City's claim form to the City Clerk's Office at 100 Santa Rosa Avenue, Room 10, describing the location, the injury and the earlier reports. The homeowner did not alter the sidewalk, so a claim against the owner would face the CACI 1008 test and may not apply. The City's 45 days to act begin, and if it rejects the claim in writing, a lawsuit is due within six months of that notice. This example is made up to show the local steps; it predicts nothing about a real case.

What mistakes do people make after a sidewalk fall?

Photographing only the crack up close, with nothing to show its height or the surroundings.
Waiting until the slab is ground down or replaced before taking photos.
Assuming the homeowner is responsible because state law says owners maintain sidewalks.
Missing the six-month claim because the fall seemed to be a private matter.
Sending the claim to the County for a city sidewalk, or the reverse.
Not asking neighbors whether they ever reported the problem.

What should I do this week?

Photograph the spot from several distances, with something of known size, such as a coin or a ruler, next to the edge that tripped you.
Record the exact location: the street address, the nearest cross street, a pole or tree.
Note the lighting, the weather and anything that hid the defect.
Keep the shoes you wore and collect witness names.
Get medical care and keep the records.
Write down the date six months from the fall, and find the city's claim form.

Frequently asked questions

How high does a crack have to be to count?

No height is set in the statute. A court decides whether the defect was minor, trivial or insignificant in view of the surrounding circumstances (Government Code 830.2).

The city sent the homeowner a repair notice. Does that matter?

It can. A notice to repair under Streets and Highways Code 5611 shows the city knew the sidewalk was out of repair, which bears on notice under Government Code 835.

Can I claim against both the city and the homeowner?

Yes, if the facts support both. The city claim must be presented within six months; the claim against the owner generally has two years.

Does the claim need a dollar amount?

Only if the amount is under $10,000. Otherwise the claim states whether the case would be a limited civil case, along with the date, place and circumstances, the injuries, and the employees involved if known (Government Code 910).

What if the fall was on a county road outside a city?

The claim goes to the County. In Sonoma County, that is the Clerk of the Board of Supervisors at 575 Administration Drive, Suite 100A, Santa Rosa.

What if I fell on a store's walkway instead?

That is a private premises claim, with no six-month government claim. See slip, trip and fall injuries.

If you or a loved one was hurt in a sidewalk fall in Sonoma or Marin County, contact Young Law Group today at (707) 343-0556 or through our contact page to schedule your free consultation and learn how we can help.

I tripped on a sidewalk in Sonoma or Marin County: is the city or the property owner responsible?