Maison Law can help you through the claims process if you’re injured on a sidewalk in Merced. There’s no way to prepare for an accident on a sidewalk, let alone what comes afterward. That’s when our Merced premises liability lawyers can step in and help you. To talk over your options, reach out today for a free consultation.
Should I Even Get a Lawyer?
The truth is, not every sidewalk injury needs a lawyer. Some falls don’t turn into much. Others heal with basic medical care. But sidewalk cases in Merced can get complicated quickly once you try to answer one simple question:
- Who was supposed to take care of the sidewalk where you fell?
Depending on the location, that responsibility might belong to the City of Merced, a business owner, a property manager, or a private landlord. In some situations, responsibility overlaps. And that matters because it affects:
- Who may be responsible for paying your damages
- How long you have to take action
- What legal rules apply to your situation
These are huge questions that our team can answer for you—for free in an initial consultation. And you don’t have to commit to anything. Yet, as you’ll eventually learn, things change quickly in these types of accidents.
What Information Should You Try to Gather After a Sidewalk Accident?
When you’re hurt on a sidewalk, the last thing you’re probably thinking about is getting evidence. With that said, showing the accident scene right after it happens is extremely important. The nature of these accidents means it’s going to get covered up shortly afterward—sometimes literally. So, once you’re back up, try to get the following information:
- Pictures and/or short videos of the sidewalk showing cracks, raised edges, broken concrete, or uneven repairs
- Wide shots of the area, including nearby buildings, street signs, intersections, or parking lots that help pinpoint the location
- Pictures or notes about the lighting conditions, especially if the fall happened early in the morning or in the dark
- Any damaged shoes, clothing, glasses, or personal items damaged during the fall—don’t throw them away
- Names and contact information from bystanders, especially people who saw the fall or noticed the hazard beforehand
- Any accident reports created by police, city employees, or property managers
- Your own notes about how the fall happened and what you felt afterward
Even small details can matter. Sidewalk cases often come down to what the area looked like before repairs were made, not after. But this is going to lead you to another key question: who’s responsible for what happened to me?
Who’s Responsible for Unsafe Sidewalks in Merced?
Legally speaking, a sidewalk accident and injury is a “premises liability” claim. That means it comes down to one question:
- Who was responsible for maintaining that sidewalk—and did they know (or should they have known) it was unsafe?
This is what sets liability, but it depends on exactly where the fall happened. With that, legal responsibility could fall on:
- The city, county, or state government if it’s on a public sidewalk
- Business owners or property management companies, especially near stores and shopping areas
- Private homeowners, where walkways are part of their property
A lot of times, responsibility is going to be split amongst multiple of these people or groups. But the major takeaway for you is that it doesn’t change your rights. You can still file a claim. It’s just going to look different if the government is involved.
What Type of Claim Applies After a Sidewalk Injury?
We’ve talked about your options in this situation, but it’s going to come down to the specifics about what happened and who was responsible. The easiest way to break down what type of claim you’ll need to file is to divide it between a public sidewalk and private sidewalk.
- Public sidewalk. If the fall happened on a public sidewalk, California law typically requires going through a government claim process under the California Tort Claims Act (CTCA). This process moves faster than most people expect:
- A formal Notice of Claim usually must be filed within six months of the date of the fall
- The city, county, or state generally has 45 days to respond
- In most situations, the claimed damages need to exceed $10,000 for the claim to proceed
Only after this process is completed can a lawsuit be considered. Missing a deadline can end the claim before it ever truly starts, which is why timing is especially important with public sidewalk injuries.
- Private sidewalk. If the sidewalk is privately owned, the claims process is much more familiar. You generally have two years from the date of the accident to either file:
- An insurance claim
- A personal injury lawsuit
Whether you go through a government claim or a private injury claim, it’s about getting “damages.” This can involve:
- Current and future medical expenses
- Current and future lost income
- Repair/replacement costs for your damaged property
- Pain and suffering
- Emotional distress
- Reduced quality of life
Where the fall happened often explains more than people realize—not just how the injury occurred, but why the sidewalk was in that condition to begin with.
Where Do Sidewalk Accidents Commonly Happen in Merced?
Sidewalk injuries in Merced tend to show up in the same types of locations, especially where foot traffic is heavy and maintenance doesn’t always keep pace. Common areas include:
- Older sections of downtown Merced, where concrete has shifted and slabs no longer sit evenly
- Residential neighborhoods, particularly near schools and parks, where sidewalks see constant daily use
- Commercial corridors like Main Street and G Street, where driveways, parking lot entrances, and curb cuts break down pavement
- Shopping centers and strip malls, where uneven repairs near storefronts create tripping hazards
- Apartment complexes, where shared walkways may go unrepaired longer than they should
- Construction zones, where temporary patches, metal plates, or uneven transitions are left in place
- Poorly lit sidewalks, where cracks and height changes are hard to spot until it’s too late
Most people fall on sidewalks they use all the time. Familiar routes create a sense of trust—and sidewalks are supposed to be safe without requiring constant vigilance.
What Are Some Different Ways Sidewalk Accidents Happen in Merced?
When you think about a “sidewalk injury,” you probably just think about a trip and fall. And while that’s incredibly common, it’s far from the only thing that can happen to you. Here’s a few of the different ways injuries happen:
- Tripping over cracked, raised, or separated concrete slabs
- Losing footing on uneven or poorly patched repairs
- Slipping on dirt, gravel, or debris left on walkways
- Falling at sidewalk-to-driveway transitions with steep slopes
- Being forced into the street to get around blocked sidewalks
- Falling because poor lighting hid surface damage
- Hitting a pothole or crack while on a scooter or skateboard
What these situations usually have in common isn’t carelessness. It’s a surface that wasn’t maintained the way it needs to be. That’s negligence, and you’re the one who ends up paying the price with your health. But our team can make sure you get back on your feet.
Get a Free Consultation After a Sidewalk Injury in Merced
When you’re on a sidewalk in Merced, you’re supposed to feel safe. But when something goes wrong or a problem isn’t fixed, you’re vulnerable to injuries. At Maison Law, our Merced premises liability lawyers can make sure you have what you need for a successful claim. Reach out today to set up a free consultation and let us help you with an injury claim.
