Sidewalk safety: Not all it’s cracked up to be

Tree roots cracks damage on sidewalk Every year, Markel receives numerous claims for injuries resulting from trips and falls on slippery, uneven, or cracked sidewalks. Perhaps it’s surprising that the majority of those injured are staff and visitors. Footwear certainly contributed to a number of these injuries, particularly high-heeled shoes on wet or cracked surfaces.

American Society of Testing Materials (ASTM) Standard Practice for Safe Walking Surfaces (ASTM F1637-02) has specific requirements for sidewalks including:
  • Changes in sidewalk levels between 1/4 and 1/2 inch shall be beveled with a slope no greater than1:2 (rise:run)
  • Changes in levels greater than 1/2 inch shall be transitioned by means of a ramp or stairway that complies with applicable building codes, regulations, standards, ordinances, or all of these.

Basically, what this means is that sidewalks that are broken or uneven due to tree roots, erosion, or vehicle weight pose a liability to your organization. Markel also had a number of claims reported to us involving battery-powered wheelchairs tipping over due to a significant edge drop on the side of sidewalks. Battery acid burns on disabled people can result in very expensive claims.

Keep in mind that some states have laws that hold the organization responsible for “city sidewalks” in front of their buildings. Take the time to inspect your sidewalks and make repairs as soon as possible. Use warning signs or barriers to secure the area until it is repaired.

Tree roots cracks damage on sidewalk
This document is intended for general information purposes only, and should not be construed as advice or opinions on any specific facts or circumstances. The content of this document is made available on an “as is” basis, without warranty of any kind. This document can’t be assumed to contain every acceptable safety and compliance procedures or that additional procedures might not be appropriate under the circumstances. Markel does not guarantee that this information is or can be relied on for compliance with any law or regulation, assurance against preventable losses, or freedom from legal liability. This publication is not intended to be legal, underwriting, or any other type of professional advice. Persons requiring advice should consult an independent adviser. Markel does not guarantee any particular outcome and makes no commitment to update any information herein, or remove any items that are no longer accurate or complete. Furthermore, Markel does not assume any liability to any person or organization for loss of damage caused by or resulting from any reliance placed on that content.

*Markel Specialty is a business division of Markel Service, Incorporated, the underwriting manager for the Markel affiliated insurance companies.
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