Falling on the sidewalk: Who is responsible?

A question that comes up fairly often is, in Portland, who, is responsible for a
person’s injuries if he or she falls on a poorly constructed, reconstructed, maintained
or repaired sidewalk?

http://www.portlandonline.com/auditor/index.cfm?c=28857 is where you will find
Chapter 17.28 of the Municipal Code for Portland.

First, the area to be considered a sidewalk has to be intended for the use of
pedestrians. An owner is the person or entity who is of record in the county assessor.
Then it is the owner who is responsible for the sidewalks and the city for the curbs
unless they have been willfully damaged. The owner is also responsible to the city
“by reason of all claims, judgment or settlement, and for all reasonable costs of
defense, including investigation costs and attorney fees, by reason of the property
owners’ failure to satisfy the obligations imposed by the Charter and Code of the City
of Portland to maintain, construct, and repair the sidewalks, curbs, driveways and/or
parking strips.

Likewise the property owner is responsible for snow and ice on sidewalks and
has the same obligation to indemnify the city if it has had to step in in the first instance
to pay the damages of by the failure to remove accumulations.
Finally, if the city has issued a notice to repair a sidewalk or curb or both, and it
has not been done within 20 days, the city can make the repairs and the cost will be
assessed to the owner, agent or occupant of the property.

In dealing with any of these questions, it is important to look carefully at the
person or entity to which the duty applies. For example, an occupant is not an owner
and therefore, barring any other facts, would not be responsible, for example, for
repairing a sidewalk. On the other hand, an occupant might be in a landlord-tenant
relationship and as part of the lease be responsible for this condition. This would
mean that the city would first look to the owner who would then look to the occupant to
pay the tab. The city code for Portland would not necessarily be the same as the one
for other cities. There is further applicable law than just the city code on the various
classes of people to whom a duty would be owed. For example, whether the person
was a trespasser or whether the person was invited on the property to do business.
Probably the most important point for someone who might be made liable, would be
to take the initiative to keep their property safe and keep appropriate insurance for this
kind of risk.