Cracked pavement, lifted sidewalks, and uneven transitions between surfaces are common hazards in warmer months. As asphalt softens or tree roots grow, walkways shift—sometimes significantly. Trip-and-fall accidents increase during this time, especially in retail or hotel parking areas. A property’s failure to inspect and repair walkways can establish clear negligence.
Summer heat can accelerate pavement damage, and unsealed cracks become more hazardous with each passing week. Uneven sidewalks are a particular concern for elderly pedestrians or those with limited mobility. Commercial spaces that experience high foot traffic—such as grocery stores, banks, and restaurants—must maintain ADA-compliant pathways to reduce legal risk. Poor lighting or obstructed views from landscaping may compound the danger.
An expert witness can analyze accident location, lighting conditions, and maintenance history to help law firms determine if a case holds merit. Additional insights might include an evaluation of any recent repairs (or lack thereof), comparisons to industry standards, and whether warning signage was appropriately placed near known hazards. Experts often use field measurements, incident mapping, and photographic comparisons to show whether the condition was open and obvious or concealed.
In many cases, liability hinges on the property owner’s knowledge of the defect and whether they took timely action to fix it. Surveillance footage, service records, and photographs taken at the time of the incident can all support the injured party’s claim. Legal teams benefit from expert evaluation that goes beyond the visible defect to assess procedural negligence and foreseeability of harm.
Hi I’m Jerry Birnbach, Retail Expert Witness. Call me anytime to discuss your case and learn how I can help with my expert witness services. 1-917-691-4853.
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