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

Michael Talve, CEO

Written by
— Updated on December 16, 2016

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.

Question(s) For Expert Witness

  • 1. Does the deviation at the corner where the sidewalk meets the apartment complex’s driveway create an unreasonably dangerous condition?
  • 2. What factors may have caused the deviation described in this sidewalk?
  • 3. What professional experience(s) do you have with regards to concrete sidewalks?

Expert Witness Response E-000809

As a pedestrian pathway, the sidewalk cannot deviate in elevation more than ¼ inch. This is a dangerous condition that potentially was caused by two factors: the original placement and lack of maintenance over time. 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.

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