Peters v. City & County of San Francisco

In Peters v. City & County of San Francisco (1953) 41 Cal.2d 419, plaintiff tripped and fell on a sidewalk in front of an apartment house of defendant property owners. The garage floor of the building was lower than the adjoining sidewalk, and the garage doors opened directly onto the sidewalk. Defendants' predecessors in title had created a ramp or slope in the sidewalk that led down to the level of the garage floor to provide access for motor vehicles. The resulting depression extended approximately half-way across the sidewalk, was wide enough to accommodate a car, and reached a depth of 11 inches below the normal level of the sidewalk at the building line. The elderly plaintiff did not see the depression caused by the driveway, stepped into it unexpectedly approximately six feet from the building line, and fell, breaking her hip. In commenting on an erroneous liability instruction, the court stated: "The rule is that an abutting landowner may be held liable for the dangerous condition of portions of the public sidewalk which have been altered or constructed for the benefit of his property and which serve a use independent of and apart from the ordinary and accustomed use for which sidewalks are designed. " (Peters, at p. 423.) The court reversed because the evidence was sufficient to support a finding that the driveway was dangerous, and with a proper liability instruction the jury might have returned a verdict in favor of the plaintiff. (Peters, at p. 425.)