Sidewalk Repair:  Los Angeles Business Owners vs. The City of LA

Did you know that a recent report found that over 1,700 claims were filed with the city by pedestrians who suffered injuries when they tripped and fell on city sidewalks just in the past five years? The city also saw over 1,000 lawsuits in that same time span. In fact, during the past five years, the city has paid out over $35 million to settle these types of lawsuits – with $12 million in 2020 alone! And that’s just the city! 

How many businesses are facing lawsuits because of the dismal state of LA’s sidewalks?

Los Angeles is home to 11,000 miles of sidewalk. That’s about half the circumference of the Earth. That is A LOT of sidewalk. And if you live in Los Angeles, you know the state of our sidewalks – not great. Los Angeles is home to neighborhoods that are over 100 years old, and those sidewalks are probably the same age. Over time, they have buckled, crumbled and become the notorious trip hazards we know and (sometimes) love. 

Neighborhood sidewalks with trip hazards can be a nuisance, but when you’re talking about the sidewalk in front of a business, that’s when the sidewalks can become major headaches. If you are a business owner, you know how important safe sidewalks are. You don’t want to be sued by someone who trips and falls on the sidewalk in front of your store or home. Who are they going to blame first? You. 

As a business owner, you want a safe, accessible walkway to your establishment. You don’t want clients or the public weaving around uplifted and crumbling concrete. 

Common Curb/Sidewalk Problems in Los Angeles

I know what you’re thinking. All these terrible concrete sidewalks in LA? They were destroyed by earthquakes. And while earthquakes can play a small role in damaging sidewalks, the major culprit are those shady trees that line LA’s streets. Yes, the roots from those trees are pernicious. They grow underneath the sidewalks and lift them up, creating a host of problems:

• Uplifted sections of sidewalk

• Deep cracks through the middle of a slab or the entire length of a sidewalk

• Crumbling concrete

• Chipped surfaces

• Grass growing in between the cracks

While trees and other foliage are the biggest culprits in destroying our sidewalks, water also plays a part. Once roots uplift or crack the sidewalk, it’s easier for water to seep into the sidewalk and underneath it. Once the water is underneath, it causes soil erosion so that the concrete has nothing underneath it. Since many of our sidewalks were built over 40 years ago, they were built up to different standards. Our current building codes provide for much sturdier sidewalks with a longer shelf life. 

What Happens When Sidewalks Get Damaged in LA?

According to Alonso Romero, concrete specialist at Safer-Sidewalks.com, “The number one worry my clients have is a trip and fall lawsuit.”

Business and home insurance companies are not issuing insurance as long as the sidewalk remains a trip hazard. This is due to the exponential rise in the number of trip and fall lawsuits. 

While that old song claims that “Nobody walks in LA,” we Angelinos know that the stereotype is changing. Many neighborhoods and stores are becoming more amenable and friendly to foot traffic. Think about strolling the neighborhoods of Los Feliz, Valley Village, Leimert Park, even downtown. Everywhere you seem to drive these days, you’ll see more neighborhoods becoming pedestrian friendly. 

If you’re a store owner in one of these neighborhoods, you know how important it is to make the walk as safe as possible. Many of our sidewalks, sadly, are not fitting the bill. 

That small crack in the sidewalk in front of your business may seem innocuous at first. But, then the grass and weeds poke through it and begin widening the crack. Then, that cute shady tree in front of your business starts more problems. The roots from that tree are pushing up the sidewalk, creating even more cracks. Before you know it, you have chunks of concrete chipping off your sidewalk and a huge trip hazard. Now, not only do you have a sidewalk that looks dilapidated, but you also have to worry about someone tripping and putting the blame on you and your business. 

Sidewalk Responsibilities of Property/Business Owners in LA

Which brings us to the biggest question for all property owners – who is responsible for LA’s sidewalks?

It is a question that haunts even the most experienced lawyers. Even the city’s own website doesn’t give a definitive answer – instead passing along the question to attorneys.

While it would seem that the sidewalks should be maintained by the city (which owns them), the city will try to place the blame on the property owner for not making the necessary repairs. And the city usually has bigger pockets to defend themselves, while the small business owner is left to fend for themselves and is easier prey for personal injury attorneys. 

Sidewalk Responsibilities of the City of LA

The Bureau of Engineering’s Sidewalk Division is in charge of managing the city’s Sidewalk Repair Program. The program, known as Safe Sidewalks LA, is the city’s response to the Willits vs. City of Los Angeles Settlement Agreement. 

The lawsuit contended that the city was not meeting ADA requirements by not fixing the sidewalks. So, as part of the settlement, the city has set up a rebate program to get our sidewalks finished faster. 

That means property owners can apply for the rebate and get the work finished themselves. 

Repairing Your Sidewalk in Los Angeles

With the Safe Sidewalks LA program, you can qualify for a rebate up to $12,400 to fix your sidewalk. But it doesn’t cover just sidewalks. You can also get your driveway apron (entrance) repaired and if you have a corner lot, you can make your corner sidewalk ADA-compliant by installing an appropriate ramp.

If you are a business owner who owns more than one property, you can apply for a rebate for each property you own.

There are some caveats. Certain properties are not eligible for the rebate. These include: 

• Properties that are part of a development project

• Properties owned by a government agency

• Any property for which the maintenance responsibility has already been given back to the property owner

Any property in a Historic Preservation Overlay Zone may qualify, but you may require more approvals. There are Historic Preservation Overlay Zones all over Los Angeles. Go to their website to determine if your property lies in one of those areas. 

Once the repairs have been completed, the city will give you a warranty. For homeowners, the repair warranty lasts for 20 years, or until the first repair by the City. For commercial properties, the warranty lasts for 5 years, or until the first repair by the city. After the warranty time has run out, it is up to the property owner to be responsible for all repairs on the sidewalk.

How to Get a Rebate to Fix Your Sidewalk in Los Angeles

There is a process to getting your rebate. First, you must apply at either Safe Sidewalks LA or My LA 311. It does take a while for the rebate to go through the approval process – think, a few months. However, keep checking your email. I cannot stress this point enough. The city will notify you via email when you are approved for your rebate. After that, you only have TWO WEEKS to respond and accept the rebate. 

Once you have the rebate, it’s time to shop around for a contractor. In order to get your rebate, you MUST hire a contractor with an A, or C-8  license in the state of California. A general contractor will not do. You must hire a LICENSED CONCRETE CONTRACTOR.

The good news is that a licensed concrete contractor will likely be able to help you pull all the necessary building permits to install your new sidewalk. They will work with the inspectors to ensure that your project is up to code.

Once the work is completed and signed off by a city inspector, you will receive your rebate check.

Avoid lawsuits – get your sidewalk fixed ASAP

These rebates are a once-in-a-lifetime chance to get the city to finally fix your sidewalk and pay for it. The sidewalk rebate will take between one to three years to obtain. You can’t wait that long, hoping that no one will trip and fall outside of your property. Do what other smart business and homeowners are doing and fix your sidewalk NOW.

Call us TODAY for a free estimate. Our licensed concrete contractor will work with you through the rebate process. We have the experience to understand the permitting process and the work needed to make sure your sidewalk is ADA-compliant and avoid lawsuits.