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I fell today on a sidwalk in front of a house in Medford Oregon. The sidewalk was damaged and sticking up because the owner's tree roots caused the damage. I went to the doctor and had xrays and the wounds irrigated and redressed. Who's responsible for the bills?

Submitted: 878 days and 8 hours ago.

Category: Legal

Value: $9

Status: CLOSED

Optional Information:
Medford, Oregon

Already Tried:
Talking with the property owner. She says the sidewalk belongs to the city and she's not responsible.

Posted by Lawmoe 878 days and 8 hours ago.

Answer

The city is responsible for sidewalks. Liabilty depends on whether or not the defect was negligent and whether or not the city knew about it and/or should have repaired it. The defense is contributory negligence. If it was a clearly visible issue, they will argue that you could easily have avoided it.
It would be a difficult case to litigate because of the liability issue and the limited damages. Nonetheless, I would suggest approaching the city for payment.
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878 days and 8 hours ago.

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The home owner has known about the damaged sidewalk for a long time and has done nothing. The city says they are not responsible for maintenance due to tree root damage as the property owner put the trees in. The property owner had a tree removed from the front yard next to her driveway because severe damage was done to the driveway from the roots of that tree. Is the city still responsible?

Accepted Answer

The home owner is not responsible for a public area unless there is some responsibility placed onthe home owner by statute, like clearing ice. I am afraid the home owner is unlikely to have any liability. Nonetheless, if you do sue it out, you sue anyone and everyone who could be responsible including the city and homeowner. Ultimately, the court sorts it out.

Edited by Lawmoe on 6/29/2007 at 1:01 AM

Accepts:
Expert:	Lawmoe
Pos. Feedback:	97.9 %
Answered:	6/29/2007

Lawyer (JD)

Lawyer with 16 years of litigation experience in state and federal court systems.

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I fell today on a sidwalk in front of a house in Medford Oregon. The sidewalk was damaged and sticking up because the owner's tree roots caused the damage. I went to the doctor and had xrays and the wounds irrigated and redressed. Who's responsible for the bills?

Optional Information

Optional Information: Medford, OregonAlready Tried: Talking with the property owner. She says the sidewalk belongs to the city and she's not responsible.

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Optional Information:
Medford, Oregon

Already Tried:
Talking with the property owner. She says the sidewalk belongs to the city and she's not responsible.