In Webber v. City of Shreveport, No. 56,705-CA (La. App. 2 Cir. Dec. 17, 2025), the Louisiana Second Circuit recently affirmed summary judgment in favor of the defendants in a trip-and-fall case involving a cracked sidewalk.
The plaintiff alleged she tripped and fell over an uneven area of the sidewalk in front of the defendant’s business. The defendant moved for summary judgment, arguing that the plaintiff could not establish (1) a defect creating an unreasonable risk of harm or (2) the defendant knew or should have known of any defect. The defendant produced evidence to show it had no notice of any defect and no prior accidents in the area where the plaintiff fell. The defendant also produced photographs showing no holes in the area and no differences in elevation exceeding one inch.
In support of her claims, the plaintiff provided evidence including testimony from a corporate representative of the defendant who admitted to knowledge of cracks in the sidewalk prior to the plaintiff’s accident.
However, the court importantly distinguished that knowledge of a condition is not the same as knowledge of an unreasonably dangerous condition. The defendant maintained that not all cracks in sidewalks present unreasonably dangerous conditions. It also offered proof that the subject portion of the sidewalk was traveled every day as the building’s main passage. There were no prior complaints regarding its condition, nor were there any prior accidents.
Based upon this evidence, the court found that the plaintiff failed to prove that the cracks in the sidewalk were unreasonably dangerous or that the defendants had any actual or constructive notice of the defect’s existence. Summary judgment was affirmed in the defendant’s favor.
Reference: Webber v. City of Shreveport, 56,705 (La. App. 2 Cir. 12/17/25), 425 So. 3d 485.