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By Bart Benton, Personal Injury Attorney – Benton & Benton
When a pedestrian trips and falls due to a defective sidewalk, one of the first questions we ask as personal injury lawyers is: Who is responsible for maintaining the sidewalk? In Georgia, that question is governed in large part by O.C.G.A. § 32-4-93 and a long line of Georgia appellate decisions.
This blog post outlines the key legal principles and case law every Georgia personal injury lawyer should know when evaluating a sidewalk defect case.
📌 O.C.G.A. § 32-4-93: Duty to Maintain Sidewalks
This statute imposes a duty on municipalities to maintain their street and sidewalk systems in a condition safe for ordinary travel. However, liability only attaches if the city had actual or constructive notice of the defect, and owned, controlled, or maintained the sidewalk in question.
🏛️ When Cities Are Not Liable
Many sidewalk cases are lost because the city didn’t own or control the area where the fall occurred. Key examples:
- Hagan v. Georgia DOT, 321 Ga. App. 472 (2013): The city was not liable where the sidewalk fell within the State’s right-of-way and there was no evidence the city maintained or repaired it.
- City of Vidalia v. Brown, 237 Ga. App. 831 (1999): A grassy area near the road was not a sidewalk “by implication” merely because pedestrians sometimes walked there.
- City of Atlanta v. Ransom, 115 Ga. App. 720 (1967): A city that neither constructed nor maintained the sidewalk was not liable.
Takeaway: Ownership and control are threshold issues. Always investigate who built the sidewalk, who repaired it, and whether the area is actually part of the city’s street system.
✅ When Cities Are Liable
Once ownership and control are established, the city owes a duty of ordinary care to keep sidewalks reasonably safe for pedestrians.
- Williams v. City of Social Circle, 225 Ga. App. 746 (1997): The duty to maintain sidewalks applies whether it’s a city street or a portion of the state highway system within the city limits (if agreed upon).
- City of Marietta v. Godwin, 106 Ga. App. 113 (1962): Cities must maintain sidewalks in safe condition and are liable if they fail to use ordinary care.
- City of Rome v. Brinkley, 54 Ga. App. 391 (1936): This duty applies both day and night and includes defects that the city should have known about.
🔍 What Counts as a “Sidewalk”?
Not every path next to a street is a sidewalk. Courts look for:
- Implied acceptance: Is the area regularly used by the public for walking?
- City knowledge: Did the city know of and allow the pedestrian use?
- Evidence of dedication: Was the area functionally or historically treated as a sidewalk?
In Davis v. City of Rome, 37 Ga. App. 762 (1928), the court found that a pathway used for years by pedestrians with the city’s knowledge had become a public sidewalk, creating a duty of care.
⚠️ Defenses: No Notice, No Duty, Not a Sidewalk
Cities often defend sidewalk cases by arguing:
- No notice of the defect.
- The area was not a sidewalk within their responsibility.
- An independent agency or third party controlled the area (e.g., Park and Tree Commission).
Even so, Georgia courts have routinely held that cities cannot shift the burden where public use and municipal knowledge exist. See Mayor of Savannah v. Palefsky, 91 Ga. App. 392 (1955).
💡 Practice Tips for PI Lawyers
- Get the plat and determine if the area is within city limits or a state right-of-way.
- Request sidewalk maintenance records via Open Records Act.
- Photograph utility lines, mailboxes, and public use features—these may imply municipal control.
- Interview neighbors to show regular public use and city awareness.
- File early preservation letters to avoid spoliation of video or maintenance logs.
Final Word
Georgia sidewalk injury cases require more than proving a trip and fall. Ownership, control, and notice are everything. When evaluating these claims, always start with the foundational question: Is the city responsible for this stretch of sidewalk? If yes, the next step is proving that they failed to keep it in a reasonably safe condition, in violation of O.C.G.A. § 32-4-93.
If you have a potential referral or want to discuss co-counseling on a sidewalk defect case, feel free to reach out. At Benton & Benton, we handle high-stakes premises liability claims throughout Georgia.
