The Stumblr is a blog devoted to documenting some of the worst sidewalks in San Diego, California. Some of these sidewalks would make for good X-Games ramps.
See more bad San Diego sidewalks here…
So, you’re a public agency trying to improve the walkability of your community and you know you have a bunch of missing sidewalks. You may have even gone through the process of identifying where the sidewalks are missing, how much you need to install, and how much it will cost. If you are like most other agencies, you don’t have the resources to fix all your problems at once. You need to establish a prioritization system that is credible and defendable…and one that will maximize your available resources.
The example above shows the result of using ArcGIS to calculate sidewalk installation priority for the City of Rancho Cucamonga based on a number of factors. These factors included various locations such as senior centers, bus stops, schools, and parks; and weighted the missing sidewalk links based on their proximity to these locations. The number of riders at each bus stop were also taken into account.
Locations such as senior centers and bus stops were given the highest value due to liability concerns related to potential trip/fall accidents and the fact that most people who utilize public bus transit walk to the bus stop. Yes, there are those who bike (or use a wheelchair) to get to the bus stop, but it is safe to assume that folks aren’t getting dropped off at the bus stop by a car- that would be somewhat contradictory.
Those segments that have the highest priority are shown in red, while those with the lowest priority are shown in blue. Bus stops (hollow circles) and schools (pink polygons) were added for effect…adding the other feature classes takes away from the priority ranks symbology.
Current estimates show that about $7-$10 million is required to install sidewalks at all missing locations. This cost will likely be spread out over a period of time, such as 10 years; with higher-priority segments being installed first. Some interesting notes about this GIS utility are that it can take into account multiple other locations and can also be used to prioritize other municipal operations, such as trip/fall hazard repairs.
There was a recent news story of a 79-year-old woman in Royal Oak, MI (about 10 miles northwest of Detroit) winning a $49,000 settlement with the city after tripping on a residential sidewalk. She was carrying her infant granddaughter at the time of the fall. She broke 2 toes and displaced 4 others (I’m assuming both feet were involved).
One wonders what sort of mitigation plan the city has in place, if any. Perhaps they have a well-planned, proactive sidewalk inventory and repair plan and suffered from a stroke of bad luck. The city’s claim of “governmental immunity,” however, seems a bit desperate and not in character of an agency that is proactive on trip-and-fall hazards within their property. This is speculation at this point and we’re going to follow up with the City of Royal Oak and continue to research this topic in an effort to get additional clarification.
It’s interesting to note that the Royal Oak case evaluation panel had previously awarded the trip/fall victim $83,000! We talk with our clients about this sort of stuff all the time. There are 2 extremes on this spectrum: (1) shakedown artists who make a living looking for trip/fall/ADA/other reasons to make a quick buck, often by suing and settling; and (2) the targets of the lawsuits (e.g., public agencies or small businesses) who stick their head in the sand and won’t fix anything unless they get sued. Their reasoning is often that “I don’t want to know about it because if I do I am now liable.” Although this is true to a certain extent based on interpretations of certain laws, it is generally unreasonable in practical terms. A proactive, middle-ground approach is much more reasonable than these two extremes and will have the greatest possible benefit.
It is not reasonable to punish a public agency or business for wanting to inspect their property’s infrastructure and get a good understanding of the problems at hand. It is equally (if not more so) unreasonable to expect a public agency or business to fix ALL of their problems in a single day. This is not the same as an agency or business that absolutely won’t budge unless faced with a lawsuit. Proactive property owners know they have problems, have a plan to fix them, and have allocated budget to do so over a reasonable period of time – with ongoing allocations for management and maintenance to boot.
Vanderhawk not only has experienced staff to inspect your infrastructure assets, we also have a highly experienced legal defense team and Certified Accessibility Specialists on board to help guide your agency, business, or non-profit through the murky waters of trip-and-fall claims. Our saying is that if our trip-and-fall management services reduce the number of your claims by just 2 or 3, they will have often paid for themselves.