City Liability for Slip and Fall In a Sidewalk or An Alley
In Kavales v. City of Berwyn, the plaintiff's decedent was walking along a sidewalk and entered an alley where the alley intersected a sidewalk. 305 Ill. App. 3d 536, 539, 712 N.E.2d 842, 238 Ill. Dec. 738 (1999). When she entered the alley, the plaintiff's decedent was still within the lines of the sidewalk on either side of the alley. Kavales, 305 Ill. App. 3d at 539.
She stepped into a "depressed, uneven, and cracked" portion of the alley and fell. Kavales, 305 Ill. App. 3d at 539.
The Court determined that, even though plaintiff's decedent was technically in an alley when she fell, the location was in effect a "'sidewalk area.'" Kavales, 305 Ill. App. 3d at 544.
Accordingly, the Court found that plaintiff's decedent was an intended user of the alley where it intersected the sidewalk, because the sidewalk was used for pedestrian traffic. Kavales, 305 Ill. App. 3d at 544.