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

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.