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Who’s Liable for Injuries on Public Sidewalks in Fresno?

Tripping on a cracked sidewalk or slipping on a poorly maintained pathway might seem like a minor mishap—but for many people, a sidewalk injury can result in serious harm, including broken bones, head injuries, or long-term mobility issues. In cities like Fresno, where public walkways are widely used and often bordered by residential or commercial properties, sidewalk-related injuries are more common than you might think.

Hazards such as cracked or uneven pavement, raised slabs caused by tree roots, pooled water, debris, or inadequate lighting can make sidewalks dangerous—especially for children, older adults, and people with disabilities. While some of these conditions may appear obvious, determining who is legally responsible for maintaining a public sidewalk and compensating you after an injury can be surprisingly complex under California law.

Unlike private property, where liability is generally clear, public sidewalks can fall into a gray area. In Fresno, the city itself, adjacent property owners, or even third-party maintenance contractors may share responsibility for sidewalk upkeep. And depending on the location and cause of the hazard, a personal injury claim may fall under premises liability law or the California Tort Claims Act (CTCA), which governs lawsuits against government entities.

At Tim D. Wright Law, we’ve helped clients across California—including Fresno and the Central Valley—recover compensation for injuries caused by unsafe sidewalks and other dangerous conditions on public property. With a strong background in both premises liability and municipal claims, we know how to investigate liability, file timely claims, and fight for the compensation you need to recover.

Who Is Responsible for Sidewalk Maintenance in Fresno?

City of Fresno vs. Adjacent Property Owners

In many California cities, including Fresno, sidewalk maintenance responsibility is often delegated to the private property owners whose land borders the sidewalk. While the sidewalk may be public property, the duty to keep it safe for pedestrians doesn’t always fall on the city.

This issue is governed by Fresno Municipal Code Section 13-217, which makes it clear:

“The owner of the lot or premises fronting or adjacent to any portion of a public street shall maintain any sidewalk in front of or adjacent to such property in a safe condition.”

What This Means for Injury Victims

If you trip and fall due to an uneven or broken sidewalk in a Fresno neighborhood, your claim may not involve the city at all. Instead, you may need to pursue compensation from the adjacent property owner or their liability insurance provider.

This distinction matters because:

  • Claims against private property owners follow standard personal injury procedures, with a two-year statute of limitations and no pre-lawsuit notice requirement.
  • Claims against the city require you to follow the California Tort Claims Act, including filing a formal government claim within 6 months of the injury.

When Is the City of Fresno Liable?

Sidewalks Damaged by City-Maintained Trees

Many sidewalk defects are caused by uplifted concrete from large tree roots. If those trees are part of the city’s urban forestry program or planted/maintained by the city, then liability may shift to the municipality—even if the sidewalk is adjacent to a private property.

Construction Zones Under City Management

If your injury occurred near a sidewalk construction or repair project managed by the city, and the area was left unsafe without proper signage, barricades, or alternative walking paths, the city could be held liable for creating or failing to warn about a dangerous condition.

Failure to Inspect or Repair Known Hazards

The city is responsible for maintaining safe public infrastructure. If the city knew—or reasonably should have known—about a dangerous sidewalk condition and failed to take corrective action, it may be liable under California law.

This includes:

  • Ignoring complaints or service requests
  • Failing to conduct routine inspections
  • Delayed responses to reported hazards

Important Legal Reminder: California Tort Claims Act (CTCA)

If your injury was caused by city negligence, your legal claim is governed by the California Tort Claims Act (CTCA). This law imposes strict requirements when suing a public entity like the City of Fresno.

Here’s what you need to know:

  • You must file a formal claim with the city within 6 months of the date of injury.
  • The claim must include:
    • A description of the incident
    • The location and date
    • The damages you’re seeking
    • The government agency believed to be responsible
  • If the city denies your claim, you only have 6 months from that denial to file a lawsuit in civil court.

When Is a Private Property Owner Liable?

Failure to Repair a Hazardous Sidewalk Condition

If a section of sidewalk in front of a property becomes cracked, uneven, or uplifted—and the property owner does nothing to repair it—they may be held liable if someone trips, slips, or falls as a result.

This applies to both:

  • Residential homeowners, and
  • Commercial property owners (such as stores, restaurants, or apartment complexes)

Property owners are expected to conduct reasonable inspections and make timely repairs once a dangerous condition is discovered or reported.

Creation of a Dangerous Condition

If the property owner caused or contributed to the hazard, they are more likely to be found liable. This includes situations such as:

  • Tree roots from privately planted trees breaking through the sidewalk
  • Poor drainage systems funneling water onto the walking path
  • Obstructions or debris from construction, landscaping, or property maintenance

When a private action leads to a public hazard, the responsibility follows.

Knowledge of the Hazard Without Action

Even if the property owner didn’t directly cause the issue, they may still be liable if they knew—or should have known—about the hazard and failed to take appropriate action.

This can include:

  • Ignoring tenant or neighbor complaints
  • Failing to post warning signs or block off dangerous areas
  • Letting the condition persist for long periods of time

California premises liability law holds property owners to a “reasonable care” standard. That means if a reasonable person would have noticed and addressed the hazard, the owner may be held accountable for failing to do the same.

Legal Elements of a Sidewalk Injury Claim

1. A Dangerous Condition Existed on the Sidewalk

First, you must show that the sidewalk had a hazardous condition that posed an unreasonable risk to pedestrians. Common examples include:

  • Cracks or broken concrete
  • Uplifted pavement from tree roots
  • Slippery or uneven surfaces
  • Debris or obstructions
  • Lack of warning signs or barriers near a hazard

2. The Responsible Party Knew or Should Have Known About the Hazard

Next, you must prove that the person or entity responsible for maintaining the sidewalk:

  • Knew about the dangerous condition, or
  • Should have known, through regular inspections or reports from the public

This is known as “notice” in legal terms. If a property owner or city failed to act despite reasonable time and opportunity, that failure can amount to negligence.

In the case of the City of Fresno, your attorney will also look for:

  • Public complaints or service requests
  • Previous inspections
  • Maintenance records

3. That Hazard Caused Your Injury

It’s not enough to prove that a sidewalk was dangerous—you must also prove causation, meaning:

  • Your injury was directly caused by the hazard
  • The injury would not have occurred if the sidewalk had been properly maintained

4. You Suffered Damages as a Result

Lastly, you must show that you experienced actual damages from the fall. These damages can include:

  • Medical Expenses – ER visits, surgeries, rehabilitation, ongoing care
  • Lost Wages – Time missed from work due to injury or recovery
  • Pain and Suffering – Physical pain, emotional distress, diminished quality of life
  • Long-Term Impairments – Permanent injury, disability, or mobility issues

Don’t Assume It’s Just an Accident

A fall on a sidewalk might seem like just bad luck—but in many cases, it’s the result of someone else’s failure to maintain a safe environment. Whether it’s a cracked walkway, an uplifted slab from a tree root, or a neglected construction zone, these injuries are often preventable—and under California law, someone may be held legally responsible.

In cities like Fresno, sidewalk liability isn’t always obvious. The rules vary depending on local ordinances, property boundaries, and whether a government agency or private property owner is involved. That’s why it’s so important not to make assumptions—and not to wait.

Contact Tim D. Wright Law Today

If you’ve been injured on a public sidewalk in Fresno, don’t wait—your time to file a claim may already be running out. Whether it’s a claim against the city or a private property owner, Attorney Tim D. Wright has the experience, dedication, and legal insight to fight for your rights.

📍 Burbank Office
1112 W. Burbank Blvd., Suite 302
Burbank, CA 91506
📞 (323) 379-9995

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16555 Sherman Way, Suite B2
Van Nuys, CA 91406
📞 (818) 428-1080

📧 Email: firm@timwrightlaw.com
🌐 Website: www.timwrightlaw.com

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I am very satisfied and thankful with Attorney Tim Wright and his whole team for taking care and handling my fathers personal injuries case. Thank you all very much your staff is amazing, very helpful.
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The Law Offices of Tim D. Wright were awesome. They were professional, they kept an open communication with me through out the process.  Big shout out to Sergio and Mercedes for being very helpful with my settlement.
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