Instead of trying to avoid liability, the report recommends the city assess its sidewalks more frequently and spend more on repairs.
SAN DIEGO, CA.- Oct. 11, 2017, Iconic photos of cracked sidewalks in the city of San Diego. This one is on West Mountain View at Collier in Normal Heights. San Diego needs to assess its 4,500 miles of sidewalks more frequently so it can prioritize which damaged areas most need repairs, the county grand jury says in a new report.
But San Diego has only comprehensively assessed its sidewalks once — nearly 10 years ago in 2014 and 2015. The report says the discovery of 86,000 damaged areas back then is valuable information, but that a more up-to-date list is needed. Worsening the confusion, the grand jury report says, is that the city is almost always held legally liable for injuries caused by damaged sidewalks — not the property owners who are responsible for maintaining them.
Constructive notice essentially means the city would have discovered the damage if it had an inspection program in place, something the state assumes.
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