2010 House Bill 6433

Undo “two inch sidewalk crack” court ruling

Introduced in the House

Sept. 9, 2010

Introduced by Rep. Vicki Barnett (D-37)

To revise the law that establishes the extent to which a person can sue a local government or officials for failure to perform a governmental function. The bill would reverse the effect of a recent Supreme Court case related to sidewalk cracks. The court held that a statute establishing that a government is liable only for a sidewalk defect or “discontinuity” greater than two inches applies only to county roads. The bill would extend this to a sidewalk adjacent to “any municipal, county or state” highway, street or road.

Referred to the Committee on Judiciary