In the wake of a nearly $5 million city payout to a bicyclist injured by damaged sidewalk, San Diego Councilman David Alvarez wants a new policy shifting the responsibility of repairing sidewalks almost entirely to the city.

Alvarez says the existing policy, which makes adjacent property owners responsible for repairs in all but a small number of circumstances, has resulted in too many damaged sidewalks and large injury payouts by the city.

The council approved such a payout early this month to a man who was launched 28 feet on his bike by tree-damaged sidewalk in Del Cerro. The man, who got $4.85 million from the city, tore spinal cord ligaments, lost several teeth and suffered a possible stroke during the 2014 crash.

RELATED: San Diego OK’s $4.85M for bicyclist injured by sidewalk


Such payouts and injuries can be avoided or made much less frequent by having the city take more responsibility for repairs, Alvarez said.

Making property owners responsible leads to inaction because they are reluctant to incur the costs and go through the complex process of hiring a contractor and obtaining city permits.

The city’s existing policy, adopted in 1975, makes the city responsible only when sidewalks are damaged by utility work, heat expansion, changes in grade or when trees are next to city-owned property or at street intersections with no adjacent property.

Alvarez would shift the policy to say that the city is responsible unless it is determined that the damage was caused by the adjacent property owner or a third party.


Despite rarely being responsible for damages under the existing policy, the city has often agreed to split the costs with property owners to accelerate repairs.

Alvarez said cost-sharing isn’t enough and that the city needs to clarify that it’s responsible in nearly all cases so that repairs get done quickly.

“The City’s policy concerning sidewalk maintenance is ineffective and has resulted in many sidewalks across San Diego remaining damaged and unsafe, which results in injuries to residents on a regular basis and the need to pay out high priced settlements for personal injury,” Alvarez said in a memo to Council President Myrtle Cole.

Cole said she anticipates placing the proposal on the agenda of an upcoming meeting of the council’s Rules Committee, but no date has been set.


Regarding the recent settlement, bicycling on the sidewalk is illegal in most of San Diego’s commercial areas, but is allowed in residential areas as long as cyclists “exercise due care” and yield the right of way to pedestrians

david.garrick@sduniontribune.com (619) 269-8906 Twitter:@UTDavidGarrick