Sidewalks and Lawyers

I recall a City Council race when city vs homeowner maintenance of sidwalks was one candidate's hot button issue.  While the issue simmered down to nothing after the election, this Daily Journal piece got me thinking when it reports

Half Moon Bay, along with many cities in San Mateo County, have passed ordinances requiring property owners to maintain public sidewalks adjacent to their property. Half Moon Bay resident Lisa Kramer said she learned of this law the hard way. Five months after purchasing a home in 2012, a woman walking in front of Kramer’s home tripped on the sidewalk, suffered facial lacerations and incurred $15,000 in related medical expenses, Kramer said. To Kramer’s surprise, she became the target in a potential $350,000 lawsuit.

The article goes on to note that B'game has a similar ordinance.  Really?  We will be following this one on the Voice since if a homeowner can be held liable for trips and falls on his or her sidewalk, shouldn't  he or she also be able to fence off their bit of sidewalk and keep "trespassers" out?  But perhaps that reaction is too logical?  This sounds like a lawyer's dream.  I believe the city sometimes pays out large sums to avoid larger sums in court.  It's time for a serious cleansing of the judges' benches if this continues.  I would also bet the type of webcam pointed at the sidewalk in front of one's house (like the one that caught a local personality stealing campaign signs leading to a fine for him) will get more popular.  That might be a good unintended consequence!

Comments

[Dan]

Search: "Private Property and Public Right of Way"

So no, you can't keep "trespassers" off your sidewalks. And yes, it is your responsibility to fix your sidewalks. This is common practice in most municipalities throughout the nation, not a lawyers dream.

Have some civic pride and help make sure your neighborhood is a pleasant and enjoyable place to live.

[Holyroller]

I believe it is possible to request from Burlingame City Hall any or all court settlements regarding anything the City of Burlingame is sued for.
I am not sure the monetary amount would be avaiable, however, the rest is "Public Domain."
I am surprized more people do not ask for this information.
Anyone, Burlingame Citizen, out of State person, or out of the US can request City of Burlingame information and not be denied.
There really is a lot of interesting stuff out there.
IE
Collapse of the Hotel @1989 EarthQuake
SamTrans Bus and Pregnant Women in a car, hit by falling tree on California Dr.@1992.
The Resteraunt fire@ The Steelhead Brewery that happened @1996 that was "put out" by The Burlingame Fire Dept. Only to restart a few hours later, causing massive property damage.
The information regading legal settlements are like Crime Novels.
If you realy have nothing to do, look it up.
Sidewalk stuff is boring compared to everything else.

[Joe]

@Dan--so who is in charge of deciding if the claim is a pure falsehood--fraud- or WUI--walking under the influence??

You must be an attorney! I have civic pride way beyond the average, but this is pure nonsense. Wake up, dude!

[hillsider]

The lawyers of course, dummy. You had it right from the start. Its the newest scam in town.

[Anne]

What's the problem--the insurance company paid off the 100 thou--nobody we know paid, what's the problem? I'm going to slip tomorrow. Maybe again next week.

[Dan]

@Joe
Ahhhhh, yes.
The Internet.

[jennifer]

The oddest one I've recently heard was an apartment dweller getting cited (on more than one occasion) from the City for hanging out laundry to dry. I can't imagine this is true... what if someone can't afford a dryer, or actually prefers air dried clothes.....'sounds very strange to me. But then, again, we've got nearly 2000 ordinances, so maybe it's in there-- somewhere.