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Fall on Poorly Maintained Sidewalk Leads to Compensation: Courts Confirm That Liability May Belong to the Municipality or the Property Owner.
The pedestrian who suffers a fall on a poorly maintained sidewalk — whether due to holes, uneven surfaces, or lack of maintenance — does not have to bear the losses alone. Brazilian Justice has reiterated that both municipalities, responsible for the oversight and maintenance of public areas, and property owners, responsible for the front of their homes or establishments, may be required to compensate.
This responsibility arises from two legal pillars: Article 37, §6 of the Federal Constitution, which establishes the objective liability of the State for damages caused by the failure in providing public services, and Article 927 of the Civil Code, which imposes on the property owner the duty to repair damages caused by their omission or negligence.
What the Courts Have Decided
The understanding is solid: when the fall occurs on a sidewalk managed by the municipality, the municipality may be ordered to compensate.
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Your neighbor is undergoing construction and debris has fallen on your property? This could lead to compensation and make the owner, responsible party, and construction company pay for the damages.
When the issue is a portion of sidewalk in front of private properties, the courts recognize the direct responsibility of the owner or possessor of the property.
Example:
- In 2023, TJRS ordered the Municipality of Porto Alegre to pay R$ 12 thousand for moral damages and medical expenses to a pedestrian who fell on a public sidewalk with holes.
- In the same year, TJSP ruled that a property owner must compensate R$ 8 thousand to a woman who fell in front of a business due to irregularities in the pavement.
These decisions show that the Justice System does not treat falls as mere “bad luck”: when there is a failure in maintenance and oversight, the duty to compensate is recognized.
What Type of Compensation Can Be Requested
Compensation varies according to the damage suffered:
- Material Damages: medical expenses, medications, physiotherapy, transport, loss of personal belongings.
- Moral Damages: harm to dignity, pain, humiliation, or temporary limitations.
- Lost Profits: loss of income when the victim is unable to work.
The amounts recognized in Justice range from R$ 5 thousand to R$ 15 thousand for moral damages, in addition to full reimbursement of medical costs.
How to Prove Responsibility
To obtain compensation, it is necessary to demonstrate:
- The Damaged Suffered: medical reports, invoices, certificates.
- The Causal Link: photos of the location, witnesses, or police reports proving that the fall was caused by the irregularity.
- The Omission: when the municipality did not maintain the public road or when the property owner failed to care for the sidewalk.
With these elements, the victim can file a lawsuit for material and moral damages, supported by the Consumer Protection Code (when the sidewalk belongs to a commercial establishment) or by the Civil Code (when in front of residences).
Experts Comment on the Issue
According to lawyer Arthur Rollo, a specialist in Consumer Law:
“The pedestrian is not obliged to risk themselves on pothole-filled sidewalks. Both municipalities and property owners have the duty to keep the roads safe. When they fail to comply, they must compensate.”
Meanwhile, judge Cláudia Telles from TJSP, highlighted in a decision:
“The responsibility for the pedestrian’s safety is objective. The duty to compensate arises from the failure in public service or from the individual’s omission in maintaining the sidewalk in good condition.”
Fall on Poorly Maintained Sidewalk Is Not a Mere Accident
The message from Justice is clear: falls on irregular sidewalks are not solely the pedestrian’s responsibility. The duty to maintain safe spaces is shared between public authorities and property owners.
When this duty is not fulfilled, the consequence is compensation for moral and material damages, ensuring that the victim is not left unprotected.
More than an individual right, these decisions also serve as an incentive for cities and citizens to keep sidewalks accessible, safe, and inclusive, reducing accidents and strengthening urban mobility.
O pedestre tem que provar que não estava alcoolizado ou isso não interessa?
Deveria existir a lei para carros também passar em buraco e estourar os pneu, pagamos IPVA para manter as estrada e ruas boa para que possamos circular
Lei existe, o problema esta em se fazer cumprir