As a result of an increase in injury lawsuits from damaged sidewalks, the city of Richmond is set to reevaluate how to address the particular problem. Over recent years, the number of injuries from damaged sidewalks has gradually increased. For example, between 2012 and 2014 “the city received about 11 to 12 tort claims annually by people saying they sustained injuries as a result of sidewalk defects. There were 15 in 2015 and 14 last year.”
As a result of an increase in injury lawsuits from damaged sidewalks, the city of Richmond is set to reevaluate how to address the particular problem. Over recent years, the number of injuries from damaged sidewalks has gradually increased. For example, between 2012 and 2014 “the city received about 11 to 12 tort claims annually by people saying they sustained injuries as a result of sidewalk defects. There were 15 in 2015 and 14 last year.”
As a result of the claims, an estimated $45,000 has been paid out in settlements in addition to $157,323 in legal expenses. Turns out that damaged sidewalks can become an expensive problem for cities, which is why “Mayor Tom Butt began working with the city to address the rise in claims and to ultimately develop a policy that would lead to better upkeep and tracking of city sidewalks.”
However, some sidewalks are in worse case than others, prompting some city officials to argue that, in some cases, “a sidewalk defect is trivial” and hardly noticeable. Instead of blaming the city, they believe the “central issue is that a city sidewalk ordinance passed back in 2000 is not being enforced,” which is leading to an increased number of defective sidewalks. What was in the ordinance? For starters, the “ordinance made property owners responsible for sidewalk repair and maintenance. Property owners deemed negligent are supposed to foot the bill for injuries sustained from the damage.” But instead of going after property owners, victims of sidewalk accidents are going after the city.
In order to get more property owners to abide by the ordinance, city officials have “suggested a number of best practices,” including “developing an inspection program where damaged sidewalks are reported to property owners via a Notice of Repair.” After being issued one of these notices, “property owners would be liable to repair the damage and could face a tax lien on their property for failure to do so.”
In addition to enforcing the ordinance more effectively, the city might also “install a temporary fix in order to give the property owner time to make the repairs, or city crews could repair the sidewalk fully and bill the property owner.”
For now, “Richmond’s council is slated to hear a presentation on the issue Tuesday night by city staff and special counsel,” and hope to set in motion plans to either enforce existing policies or develop a new set of policies altogether.
Sources:
Richmond to address rise in injury claims from damaged sidewalks
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