Sidewalk Safety and Liability: What Every Property Owner Should Know

By Samantha K. Pitsch | Related Practice: Litigation

As the rainy (and icy) season begins in Washington State, many property owners should consider their obligations regarding maintaining adjacent sidewalks. This past summer, a King County jury awarded a plaintiff $13.1 million dollars after she fell on a sidewalk in Queen Anne. The plaintiff happened to be a highly accomplished personal trainer, a certified USA cycling and track coach, and regular competitor in 25k and 50 mile ultra-races. As a result of the fall on the sidewalk, she was no longer able to run. The defendants included both the City of Seattle as well as the property owner adjacent to the sidewalk. The claim against the property owner arose from a hedge on the property which the plaintiff argued enhanced the environment for moss and/or algae to grow on the sidewalk. The property owner was found 52% at fault for the injury.

Although the exact facts of that case are unlikely to be replicated, property owners can and should take steps to understand their obligations and reduce their potential chance for liability.

First, it is key to understand the property owner’s obligations vis-à-vis adjacent sidewalks. In Washington, an owner of property adjacent to a public sidewalk has a duty to not to create or allow conditions that make the adjacent sidewalk unsafe for ordinary travel. This duty is imposed when correction of the unsafe condition is within the owner’s control or responsibility. Based on this rule, landowners are responsible for ensuring that any artificial conditions they create, such as trees or hedges, do not make nearby sidewalks or other public areas unsafe for regular use. Further, for those in Seattle, the city’s municipal code states that owners of property “may have to abate nuisances,” including:

1. Remove vegetation in or on an abutting sidewalk;
2. Destroy, remove or trim vegetation or parts thereof on the property, and which are also overhanging any sidewalk within eight (8) feet measured vertically from any point on the sidewalk;
3. Destroy, remove or trim vegetation or any parts thereof on the property or on adjacent planting strips, which encroaches on or overhangs the travelled portion of the street or alley within fourteen (14) feet measured vertically from any point on the street or alley;
4. Remove vegetation constituting a safety hazard found on adjacent planting strips or alleys;
5. Remove vegetation constituting a fire hazard found on adjacent planting strips or alleys;
6. Remove vegetation constituting a health hazard found on adjacent planting strips or alleys.

To reduce the chance of liability, property owners should consider the following:

1. Trimming any trees or hedges on the property owner’s property that may cause cracks or other damage to the sidewalk;
2. Ensure any lawn care maintenance (e.g. sprinkler systems) does not cause the adjacent sidewalk to remain wet and/or slick;
3. Communicate with the City about possibly painting raised edges of the sidewalk so any trip hazards are easily visible; and
4. Continue to monitor for any changes and/or problems with the sidewalk.

By taking proactive steps to maintain adjacent sidewalks, property owners can not only fulfill their legal obligations but also help prevent costly liabilities and ensure the safety of their community. If you have specific questions about your obligations to maintain an adjacent sidewalk, or are facing a claim regarding an injury on your adjacent sidewalk, contact Samantha Pitsch of Stokes Lawrence.

This document is intended to provide you with general information regarding Washington law for property owners. The contents of this document are not intended to provide specific legal advice.