Problem: A dilapidated sidewalk was the scene of an e-scooter incident, which resulted in severe head and facial trauma for the plaintiff. However the sidewalk had been repaired since the incident, hampering the investigation.
The Background
An individual was riding an e-scooter on this sidewalk (which was designated a shared-use path) when he encountered this section, causing him to crash and sustain serious injuries to the head and face.
Besides the broken concrete being an issue, a utility handhole had been left in the sidewalk from improper and unfinished utility construction.
Our premises liability team performed an on-site inspection and because the sidewalk had been repaired since the incident, a 3D laser scan. Using historic photos and the photogrammetry process, they were able to digitally reconstruct the scene to the time of the incident. This allowed engineers to take measurements accurate to millimeters and perform an analysis.
Key Takeaways & Answers
- Both the broken concrete and the utility handhole created unsafe conditions.
- Improper placement of the utility handhole created a 2.6-inch elevation change in the sidewalk.
- The handhole should have been installed in the grass buffer, not in the sidewalk.
- The broken concrete and abrupt elevation changes were present before the incident and remained unrepaired for over a year.
- The sidewalk failed to meet ADA Accessibility Standards, ASTM F1637, and Public Works regulations.
- The contractor failed to follow approved engineering plans, failed to properly oversee subcontractors, and failed to inspect the work to ensure a proper repair. If any one of these protocols had been followed properly, the mistake would have been caught.
Surface defects are the leading cause of e-scooter injuries, often resulting in severe head and facial trauma. It’s vital for property owners, utility companies, contractors, and municipalities to be aware of regulatory standards and respond quickly to maintenance needs.
