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  1. #1
    Join Date
    Feb 2011
    Posts
    2

    Default Blocked Public Sidewalk, Causing Slip and Fall on Unsealed Surface

    My question involves an injury that occurred in the state of: California

    I was trying to walk back to my car on the public side walk when I came across a nightclub that had completely blocked the sidewalk from Schrader Boulevard around the corner to Sunset making use of the sidewalk impossible. Due to the rain and the 10ft of water in the gutter I was not able to cross the road but I was forced to use the unpaved muddy part of the sidewalk that was available and as a result I slipped and fell.

    I just wanted to know what the law is here in regards to blocking of the public sidewalk.
    I found this in Chapter 17.57 OUTDOOR DINING AND DISPLAY

    17.57.040 Location.
    C. Outdoor dining may extend into the public right-of-way; however, a clear pedestrian pathway shall be maintained the full width of the property. The pathway shall maintain a minimum unobstructed passageway of five feet as measured from the dining area to any obstruction including but not limited to light standards, benches, street trees and newsracks. (Ord. 97-1819 § 1, 1997.)

    Am I right in thinking that this applies to my situation?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Blocked Public Sidewalk, Causing Slip and Fall on Unsealed Surface

    You are free to investigate with the city whether or not the use of the sidewalk was permitted, or exceeded the scope of the night club's permission.

    Why didn't you use the sidewalk on the other side of the road? Where's the unpaved portion of the sidewalk?

  3. #3
    Join Date
    Feb 2011
    Posts
    2

    Default Re: Blocked Public Sidewalk, Causing Slip and Fall on Unsealed Surface

    Thanks for your reply Mr. Knowitall.

    I could not cross over to the other side of the road due to the river of water that formed (around 10ft wide) and the only option was try and use the remaining part of the sidewalk which was unpaved. I would of and have in the past just crossed over to the other side of the road but due to the rain this was not really a option.

    The sidewalk was blocked from the parking lot across the road from the YMCA on Schrader Boulevard around the corner on to Sunset ending approximately at the public parking structure opposite Hudson Ave.

    Do you know which department I should contact to find out if the Club has exceeded their boundaries?

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