When a sidewalk crack causes a trip-and-fall injury, one of the first questions victims ask is, “Who’s responsible — the city or the homeowner?” Determining liability isn’t always simple. In many cases, it depends on where the damage occurred, local maintenance laws, and who was aware of the hazard.
At Grover Law Firm, we’ve helped injured pedestrians and property owners across Calgary and Alberta navigate the legal challenges of sidewalk liability. Here’s what you need to know about proving fault and protecting your rights.
Understanding Sidewalk Liability in Suburban Communities
Sidewalks are designed to keep pedestrians safe, but cracks, uneven slabs, and broken concrete can turn a simple walk into a serious hazard. In residential neighborhoods, the responsibility for repairs and maintenance may fall on either the municipality or the homeowner, depending on the local bylaws and circumstances of the incident.
Many cities have adopted shared responsibility systems, meaning property owners are required to maintain the sidewalks directly adjacent to their property, even though those sidewalks are technically on public land. This creates confusion when an injury happens — especially if the city also performs periodic repairs or inspections.
Common Causes of Damaged Sidewalks
Cracks and uneven surfaces can appear for several reasons. Identifying the cause is a key step in determining who’s liable.
Common causes include:
- Tree roots pushing up concrete slabs
- Weather damage from freezing, thawing, and heavy rain
- Poor drainage that leads to soil erosion
- Neglected maintenance by homeowners or municipalities
- Utility repairs that leave sidewalks uneven or unstable
If a trip hazard exists due to neglect, and either the city or the adjacent homeowner failed to fix it within a reasonable time, they could be held financially responsible for resulting injuries.
When the City Is Responsible
In many Alberta municipalities, the city retains ownership of public sidewalks, even when they run alongside private property. This means the city may be liable if:
- It failed to perform regular inspections;
- It neglected sidewalk maintenance or repair;
- It ignored reported hazards; or
- It failed to post warning signs or barricades near dangerous areas.
However, proving city negligence can be challenging. Municipalities often defend claims by arguing they weren’t notified of the defect or that they acted within a reasonable time once they were aware.
If you’ve suffered injuries due to a poorly maintained sidewalk, consulting an experienced personal injury lawyer can help determine whether the city breached its duty of care.
When the Homeowner Is Responsible
In some areas, homeowners are required by law or homeowners’ association (HOA) rules to maintain the sidewalks adjoining their property. This includes:
- Shoveling snow and ice during winter months
- Clearing debris and leaves
- Repairing cracks or uneven concrete
- Removing trip hazards caused by landscaping or tree roots
If a pedestrian falls because a homeowner failed to repair or maintain their sidewalk, the homeowner’s liability insurance may cover the damages. However, insurance claims can be denied if the property owner was clearly negligent or ignored known issues.
Homeowners Associations (HOAs) and Shared Responsibility
In communities with HOAs, responsibility may be divided between the association and the individual homeowners. The HOA typically manages common areas, while homeowners handle the property directly in front of their lots.
This creates unique legal challenges, as injury victims may need to file claims against multiple parties, including:
- The HOA or management company
- The adjacent property owner
- The city (if the sidewalk is public property)
Reviewing the HOA governing documents and local ordinances is crucial in determining who had the legal obligation to maintain the area where the accident occurred.
Proving Liability After a Sidewalk Accident
Establishing fault in a premises liability claim involves showing that the responsible party failed to meet their legal duty of care. To build a strong case, your premises liability lawyer will typically gather evidence such as:
- Photos and videos of the cracked or uneven sidewalk
- Witness statements confirming how the fall occurred
- City maintenance records or public works reports
- HOA or homeowner correspondence showing prior complaints
- Medical records documenting your injuries and treatment
The more detailed and timely the documentation, the stronger your claim will be. It’s also important to act quickly — most personal injury claims in Alberta are subject to a two-year limitation period from the date of the incident.
Common Injuries From Sidewalk Cracks
Trip-and-fall accidents on sidewalks can cause a wide range of injuries, including:
- Broken bones or dislocated joints
- Head and brain injuries
- Sprains and torn ligaments
- Cuts and bruises from sharp concrete edges
- Back and spinal injuries from hard impact
These injuries often result in medical expenses, lost income, and long-term pain, especially for older adults or individuals with preexisting conditions.
What to Do After a Sidewalk Fall
If you’re injured because of a damaged sidewalk, take the following steps immediately:
- Seek medical attention — your health comes first.
- Take photos of the area and visible injuries.
- Report the incident to local authorities or the property owner.
- Avoid posting details about your accident online.
- Contact a lawyer to discuss your legal options.
An experienced personal injury attorney can identify who’s responsible, file the appropriate claims, and help you pursue fair compensation for your injuries and expenses.
How Grover Law Firm Helps Victims of Sidewalk Injuries
At Grover Law Firm, we understand how confusing and frustrating these cases can be. Whether your fall occurred due to city neglect or homeowner oversight, our team investigates every detail to ensure the right party is held accountable.
We’ll handle all aspects of your claim — from gathering evidence and negotiating with insurers to representing you in court if needed. Our goal is to secure the maximum compensation for your pain, medical bills, and lost income.
The Key Takeaway
Liability for suburban sidewalk cracks isn’t always straightforward. It often depends on who was responsible for maintenance, who knew about the hazard, and how quickly they acted to fix it.
If you’ve been injured in a fall caused by a cracked or uneven sidewalk, you don’t have to face the legal process alone. Grover Law Firm has the experience and dedication needed to get results for injury victims across Alberta.
Talk to Grover Law Firm Today
If you or a loved one has been injured due to a dangerous sidewalk, contact Grover Law Firm for a free consultation. Call (403) 253-1029 today to learn your rights and explore your options for pursuing compensation.