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Video Broadcast City Takes a Trip Down Memory Claim Runtime 1:55 Real Media 56k | Broadband Windows Media Player 56k | Broadband Quicktime 56k | Broadband

In an effort to make sure it doesn’t get stuck with the lion’s share of a slip and fall claim, the Tulare City Council plans to amend its policy on who’s responsible for maintaining the city's sidewalks, July 15.

The city thought its sidewalk maintenance policy was rock solid, but all it took was one good trip and the cracks in its ordinance became apparent.
 
The city has always required property owners to maintain sidewalks adjacent to their real estate. To protect itself from a cache of costly claims the city’s policy was meant to shift the liability of anyone getting hurt as a result of a poorly maintained sidewalk onto the property owner.

But because of ambiguities in the wording of the ordinance, the city found itself on the large end of a claim when resident, Kristina Hunt tripped on a crack and fractured her hip, Dec. 1, 2001.
 
The city ended up paying $40,000 towards Hunt’s claim for damages while the property owner got off with only paying $10,000.

So at the request of the city attorney and the litigation manager for the Central San Joaquin Valley Risk Management Authority the city’s amended ordinance will clearly state that the property owner alone is liable for any injury or damage caused by improper sidewalk maintenance.

Now only time will tell if the new and improved wording will completely curb future sidewalk claims.