The short answer is yes, you can sue if you trip on a curb, but only if the curb was in a condition that made it unreasonably dangerous. A normal, well-maintained curb that you simply did not see is probably not going to be a case. A curb that has deteriorated, been modified, lacks required safety features, or was defectively designed is a different story entirely.
Deteriorated curbs are the most common scenario. Over time, concrete cracks, shifts, and crumbles. A curb that has broken apart and created an uneven edge is no longer functioning as designed. If the property owner or municipality responsible for maintaining that curb knew or should have known about the deterioration and failed to repair it, they breached their duty of care. Prior complaints, repair work orders, and older Google Street View imagery documenting the condition are the strongest evidence of notice.
Curbs in parking lots and commercial areas are typically painted yellow or marked with reflective striping to make them visible. When that paint fades to the point where the curb blends into the pavement, it creates a trip hazard, especially at night or in low-light conditions. The property owner has a duty to maintain the markings, and failure to do so can constitute negligence regardless of the curb's structural condition.
Design defects can make a curb unreasonably dangerous from day one. A curb that is too high, placed at an unexpected angle, or located in a poorly lit area without adequate markings may be defective in design. In these cases, the entity that designed or approved the curb - whether it is the municipality, the developer, or the property owner - can be held liable along with the party responsible for maintenance.
The open and obvious doctrine is the defense you will face in almost every curb trip case. The property owner will argue that the curb was visible and you should have seen it. Illinois courts have narrowed this defense over time. Under the distraction exception, if there was a reasonable distraction that diverted your attention (a storefront display, a child running past, an unexpected obstruction), the open and obvious doctrine does not apply. Under the deliberate encounter exception, if you had no reasonable alternative but to encounter the hazard (the only path to the building entrance, the only way to reach your vehicle in a parking lot), the doctrine does not bar your claim.
Illinois courts have long held that small, trivial sidewalk and curb defects are not actionable. The general rule applied in most cases is that height differentials of approximately two inches or less are de minimis - legally trivial - and do not support a negligence claim absent aggravating circumstances. Aggravating circumstances include high pedestrian traffic on a route the owner knew was heavily used, prior complaints about the same defect, poor lighting, an obstruction that hid the defect, or the defect being located at a transition point where pedestrians are not focused on the ground. Documenting the exact height differential, with a ruler or coin in the photograph, is critical because the measurement is often dispositive.
Municipal immunity is a factor when the curb is on public property. The Illinois Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/) provides certain protections to municipalities, but those protections are not absolute. If the municipality had actual or constructive notice of the dangerous condition and failed to act within a reasonable time, liability can attach. Cases against municipalities also require written notice within one year of the injury and have shorter overall deadlines than cases against private property owners, so identifying who owns the curb at the start of the case is critical.
If you tripped on a curb and suffered a serious injury, do not assume you have no case. Call me at 312-500-4500 and let me evaluate the specific defect, the lighting, the markings, the prior complaint history at that location, and whether the responsible party is a private owner or a municipality. The consultation is free, and there is no fee unless we win.
Yes, but suing a municipality in Illinois comes with special rules. Under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/), you must provide written notice of your claim within one year of the injury. The municipality must have had actual or constructive notice of the dangerous condition — meaning they knew about the broken curb or should have known through reasonable inspections.
You need to prove that the curb was in a dangerous or defective condition (raised, crumbling, uneven), that the responsible party — whether a municipality or private property owner — knew or should have known about the condition, that they failed to repair it or warn pedestrians, and that the defective curb directly caused your fall and injuries.
It depends on the location. Public sidewalks and curbs are generally maintained by the municipality, while curbs on private property (shopping centers, parking lots, apartment complexes) are the property owner's responsibility. In some Illinois municipalities, local ordinances shift sidewalk maintenance responsibility to the adjacent property owner.
It depends on your injuries. Minor sprains might settle for $10,000 to $25,000. Broken bones, especially wrist or ankle fractures requiring surgery, can be worth $50,000 to $200,000 or more. Head injuries from hitting the pavement can push the value even higher. Your medical bills, lost wages, and the permanence of your condition determine the value.
Not at all. If the curb was defective, poorly lit, or blended into the surrounding surface in a way that made it difficult to see, you can argue that the condition was an unreasonable hazard. Property owners and municipalities have a duty to maintain curbs in a safe, visible condition. The fact that you didn't see the hazard often supports the argument that it was dangerous.
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If you or a loved one is dealing with a situation like this, give us a call any time, day or night. We are here to help. 312-500-4500
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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