The Americans with Disabilities Act (ADA) of 1990 defines a ‘trip hazard’ as any vertical change of over 1/4 inch or more at any joint or crack. Since the ADA demands strict compliance, trip hazards represent a legal liability to our clients. Cities, school districts, hospitals, churches, shopping malls, universities, apartment complexes, and other large buildings are all extremely concerned with this liability.

Failure to inspect and repair trip hazards leads to lawsuits. Sidewalk liability claims are a financial burden on budgets. Across the nation, in small, medium and large cities, trip and fall litigation is significant. The City of Los Angeles pays out about $4 million a year to settle trip and fall cases. At its peak, New York City paid $60 million in trip and fall liability claims in one year. In Barden versus the City of Sacramento, the plaintiffs won $80,000 in settlement awards, and the court ruled the City of Sacramento set aside 20% of its annual transport budget for 30 years to make public sidewalks accessible and safe. About 20% of Americans have disabilities. Trip hazards challenge all citizens, but especially the old, young, disabled and those with canes, crutches, wheelchairs, and gaits. Today’s litigious culture and abundance of accident attorneys increases the odds of lawsuits, raising liability risk when trip hazards exist on public sidewalks and rights-of-way. Cities can reduce sidewalk risk by reducing trip hazards. Most trip and fall accidents are preventable.