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j TO: Ken Hatch, Maintenance Engineer FROM: John L. Franklin, Assistant City Attorney SUBJECT: City Liability for Gravel on Sidewalks May 7, 1975 probably be true of maintenance responsibilities. To say that the city is potentially liable for injuries caused by alley gravel on sidewalks, however, does not automatically mean that the city will be held responsible in each case. In order to recover for an injury caused by a defective sidewalk, three elements must be established: First, while using the sidewalk properly the injury was suffered by reason of the defect; second, the sidewalk was not reasonably safe on account of the defect and; third, that the defect had existed a sufficient length of time for the city, in the exercise of reasonable care, to have known of its existence in time to have it cleaned. In other words, an injured pedestrian must show that the gravel upon the sidewalk made the sidewalk unsafe and that his injuries were caused by the presence of the gravel. Finally, the injured pedestrian must prove that it was unreasonable for the city to allow the gravel to remain. 19 McQuillin, Municipal Corporations, SS 54.80a, 54.80c, 54.80d, 54.82 What is unreasonable activity by the city is governed by the facts of each particular case and the surrounding circumstances shown to exist at the time of the injury. What is unreasonable is not subject to a fixed and definite rule. In general, the city's liability for sidewalk injuries will be determined by whether the city had some knowledge or notice that the gravel was present upon the sidewalks and, further, had sufficient opportunity to have the gravel removed. In most cases, however, the city will be charged with knowledge of gravel upon its sidewalks if a reasonable person in your position would have known and understood that the gravel would be present. Under such - 2 -