3/4 Inch Elevation Deviation in Sidewalk - Woman Falls and Breaks Hip

Case Overview

This case involves an injury sustained by a 45-year old man while walking on a damaged sidewalk. The plaintiff was walking on a public sidewalk that intersected the defendant’s sloped driveway. The driveway went into an apartment complex. The plaintiff’s foot became caught on a 3/4 inch deviation at the corner of the sidewalk and driveway, causing him to fall and break his hip.

Questions to the Civil Engineering expert and their responses

Does the deviation at the corner where the sidewalk meets the apartment complex’s driveway create an unreasonably dangerous condition?

As a pedestrian pathway, the sidewalk cannot deviate in elevation more than ¼ inch. This is a dangerous condition.

What factors may have caused the deviation described in this sidewalk?

This dangerous condition potentially was caused by two factors: the original placement and lack of maintenance over time.

What professional experience(s) do you have with regards to concrete sidewalks?

As a civil engineer, I have reviewed many slip and fall cases. I have over forty years of experience in the design and construction of concrete structures, including sidewalks and driveways.

About the expert

This expert has been involved in heavy construction for over 40 years, and is intimately familiar with OSHA as well as New York State standards and regulations. He has been involved in construction safety on high-rises and has conducted safety audits for OSHA standards with particular regard to ladders and scaffolding. He is experienced in all facets of construction safety and was the safety engineer on a major bridge project for nine years without incident.