Sidewalks are a convenient place to walk beside roads and get from place to place. But when a sidewalk gets damaged, those designated paths can become an inconvenience.
State law gives cities the right to install and maintain sidewalks within their municipal boundaries. But some cities across the country require property owners to assist in maintaining sidewalks adjacent to their properties.
If a citizen sees an issue with a sidewalk in Columbus or in Starkville, what is the best way to get those damaged areas fixed? And could you be held liable if someone had an accident on a public sidewalk on your property?
What do I do if my sidewalk is broken in Columbus?
Mayor Keith Gaskin and Columbus City Attorney Jeff Turnage both said to their knowledge, Columbus does not have any requirements for private property owners to maintain public sidewalks.
Requirements for developers are different, however, as the city requires them to correct any sidewalk issues in front of buildings during redevelopment, with an additional stipulation in the case that is cost-prohibitive, Gaskin said.
For homeowners with public sidewalks adjacent to their property, Gaskin said, those are the city’s responsibility to maintain and repair.
Gaskin said there are a few ways to report a sidewalk issue to the city, including through the SeeClickFix app or by calling the public works department.
But another way to bring sidewalks to the city’s attention is by contacting your councilman, Gaskin said, since sidewalks are often repaired along with street paving projects funded by the city’s internet use tax.
“If they know who their council member is … call them directly, and let them know, because they do have the funding to correct the sidewalks when they’re paving,” Gaskin said.
If a walkway is in need of minor repairs within the sidewalk, Gaskin said, the public works department typically addresses those directly. But if an Americans with Disabilities Act compliant ramp is involved, or if the project is larger, Gaskin said those typically are bid out to third-party contractors.
What do I do if my sidewalk is broken in Starkville?
Starkville’s current Unified Development Code does not require property owners to conduct maintenance of sidewalks adjacent to their property, City Planner Daniel Havelin told The Dispatch in a text message, though that is a very common requirement in city codes across the country. The UDC does require sidewalks to be built during initial development of sites in the city and sidewalks must be brought up to code if sites are being redeveloped, he said.
When it comes to maintenance, Mayor Lynn Spruill said the city is responsible for public sidewalks on streets that are platted and accepted into city maps.
Spruill encouraged city residents to report problems either to her or to City Engineer Cody Burnett, as she said the city keeps a running list of locations “in need of upgrade.”
“We have sidewalks all over the city that have some compromised areas, like areas that need to be smoothed back out again, but pretty much, it’s all over,” Spruill said. “So we’re trying to find places where they’re the worst and make some remediation efforts. But it just depends on what it is, where it is, and if it’s on our radar at this point in time.”
Once an issue has been reported, Burnett said the next step his department took would depend on the level of repair needed. Either the department would coordinate repairing the issue with the in-house street department or solicit quotes from an outside contractor, if needed, he said.
Could you be held liable if there were an accident on a city sidewalk?
Starkville City Attorney Berk Huskison said generally speaking, the city is legally responsible for the condition of sidewalks. But if an accident went to litigation, the complainant would have to prove in court that some kind of neglect occurred to cause the issue, he said.
However, if a property owner somehow created a condition on a city sidewalk that led to an accident, such as an ongoing water leak, Huskison said, it is possible a case could be made to prove that the property owner was responsible for the neglect, rather than the city.
Turnage said he would “rather not speculate about what might give rise to liability.”
“There are probably hundreds or thousands of facts that might trigger liability,” he wrote in a text message to The Dispatch. “As well there (are) certain defects that will not trigger liability due to their being either unknown or minor in nature.”
Editor’s note: Do you want answers to questions about the Golden Triangle? Each week, Dispatch reporters set out to explain or update a timely, practical issue. Email your question to [email protected].
You can help your community
Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 44 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.
You can help your community
Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 44 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.
