Legal Question in Personal Injury in California
If the homeowner's retaining wall falls on the city sidewalk, who is responsible for injuries that might result on the city sidewalk, and who is responsible for clearing the sidewalk of debris?
4 Answers from Attorneys
Obviously the owner of the collapsed wall. It is his property/bricks that caused the problems, the fact that they might land elsewhere than on his lot is no defense. Cities also take the position that the sidewalk is merely an easement and the property owner is responsible for its maintaince.
In most cases, the homeowner is responsible; however there may be facts that would place liability with the City (or other third party). More information would be needed regarding what caused the wall to fail, who was hurt, etc., to properly advise. If you would like to discuss this further, please do not hesitate to contact me.
Regards,
Bryan Becker
That depends. Why did the wall collapse? If the city did something negligent (or intentional) that caused the collapse, then the city is probably responsible. It's also possible that some third party is responsible for the damage. I would presume that the owner is responsible, but it's easy to imagine scenarios in which she wouldn't be.
Chances are the sidewalk is on the home owner's property. Check your documents, but most likely the property lines meet in the middle of the street, and the City has easements for the street and sidewalks.