**345The plaintiffs, David Giannoni and Michelle Giannoni, brought this highway defect action pursuant to General Statutes § 13a-1441 on behalf of their child, Nicholas Giannoni (Nicholas), who was **346injured when he fell into a stream culvert while riding his bicycle on the sidewalk along a state highway, which ended at a private driveway and lawn shortly before the culvert. The defendant, the Commissioner of Transportation (commissioner), appeals from the trial court's denial of his motion to dismiss the plaintiffs' complaint for lack of subject matter jurisdiction on the ground of sovereign immunity.2 The commissioner argues that the *788trial court improperly concluded that the plaintiffs' complaint and the evidence in this case support a cause of action, and associated waiver of the state's sovereign immunity, under § 13a-144 because: (1) Nicholas was not a "traveler" on the state highway when he fell into the culvert; and (2) the culvert does not constitute a "highway defect" under § 13a-144. We disagree and, accordingly, affirm the judgment of the trial court.
The record reveals the following undisputed facts and procedural history.3 On October 22, 2011, at approximately 7 p.m., Nicholas was riding his bicycle along Route 113 in Stratford (town), a highway maintained by the Department of Transportation (department), toward a friend's house.4 After stopping at a convenience store on Route 113 to purchase food, he proceeded northeast on Route 113. Because the convenience store was located on the southbound side of the road, and Nicholas intended to turn left onto Cutspring Road in a few hundred feet, he rode northeast against traffic on the southbound side of the road.
**347After several minutes, Nicholas moved to the sidewalk adjacent to Route 113 on the left side because "[t]he headlights were hitting [his] eyes" and "the cars were going pretty fast...." This particular sidewalk ended after forty yards at a private driveway and lawn, and led directly to a stream culvert that collects and removes water from under Route 113. When the sidewalk ended, Nicholas inadvertently rode his bicycle across the private driveway, over the small patch of grass, and into the culvert, injuring himself.
The culvert is located approximately nine feet from the paved shoulder of the road, within the state right-of-way.5 The department maintains the culvert, which is six inches deep and constructed of cement retaining walls.6 At the time of the accident, the culvert was covered with overgrown weeds and brush. Three wooden posts warned travelers approaching from the roadway of the existence of the culvert, but no posts, signs, or barriers warned travelers approaching from the sidewalk of the culvert. Nicholas testified that he did not see the posts because they were facing another direction, the sun had set, and the headlights from oncoming traffic continued to hit his eyes. There were no street lights in the area that could have illuminated the culvert, and no crosswalk in the intersection ahead. Nicholas also testified that he had never ridden his bicycle in the area before.
The plaintiffs brought the present highway defect action on behalf of Nicholas. The commissioner moved **348to dismiss the complaint on the ground of sovereign immunity, arguing that the plaintiffs' claim falls outside the purview of § 13a-144. *789The trial court denied the commissioner's motion, stating that "the evidence indicates the accident happened on the state ... right-of-way and not a sidewalk or a lawn" and that "certain issues will have to be determined by the trier of fact." This appeal followed. See footnote 2 of this opinion.
On appeal, the commissioner renews his contention that the plaintiffs have failed to allege a cognizable highway defect claim under § 13a-144. Specifically, the commissioner claims that: (1) Nicholas was not a traveler on Route 113 when he fell into the culvert, but rather, a traveler on the sidewalk; and (2) the culvert does not constitute a highway defect under § 13a-144 because it is not located in an area intended for public travel.7
Before turning to the commissioner's specific claims on appeal, we set forth certain background principles and the standard of review. "It is the established law of our state that the state is immune from suit unless the state, by appropriate legislation, consents to be sued." Baker v. Ives, 162 Conn. 295, 298, 294 A.2d 290 (1972). "The legislature waived the state's sovereign immunity from suit in certain prescribed instances by the enactment of § 13a-144." Id. The statute "imposes **349the duty to keep the state highways in repair upon the ... commissioner"; (internal quotation marks omitted) Kozlowski v. Commissioner of Transportation, 274 Conn. 497, 501, 876 A.2d 1148 (2005) ; and authorizes civil actions against the state for injuries caused by "the neglect or default of the state ... by means of any defective highway...." General Statutes § 13a-144 ; see footnote 1 of this opinion. "There being no right of action against the sovereign state at common law, the plaintiff[s] must prevail, if at all, under § 13a-144." Baker v. Ives, supra, at 298, 294 A.2d 290.
"[T]he doctrine of sovereign immunity implicates [a court's] subject matter jurisdiction and is therefore a basis for granting a motion to dismiss." Amore v. Frankel, 228 Conn. 358, 364, 636 A.2d 786 (1994). "A motion to dismiss ... properly attacks the jurisdiction of the court, essentially asserting that the plaintiff cannot as a matter of law and fact state a cause of action that should be heard by the court." (Internal quotation marks omitted.) Kozlowski v. Commissioner of Transportation, supra, 274 Conn. at 501, 876 A.2d 1148. In ruling on a motion to dismiss for lack of subject matter jurisdiction, the trial court "must consider the allegations of the complaint in their most favorable light ... including those facts necessarily implied from the allegations...." (Internal quotation marks omitted.) Id. A trial court considering a motion to dismiss may, however, "encounter different situations, depending on the status of the record in the case." Conboy v. State, 292 Conn. 642, 650, 974 A.2d 669 (2009). "[I]f the complaint is supplemented by undisputed facts ... the trial court, in determining the jurisdictional issue, may consider these *790supplementary undisputed facts and need not conclusively presume the validity of the allegations of the complaint.... Rather, those allegations are tempered by the light shed on them by the [supplementary undisputed facts]." (Citations omitted; emphasis omitted; **350internal quotation marks omitted.) Id., at 651-52, 974 A.2d 669. Conversely, "where a jurisdictional determination is dependent on the resolution of a critical factual dispute, it cannot be decided on a motion to dismiss in the absence of an evidentiary hearing to establish jurisdictional facts.... Likewise, if the question of jurisdiction is intertwined with the merits of the case, a court cannot resolve the jurisdictional question without a hearing to evaluate those merits.... An evidentiary hearing is necessary because a court cannot make a critical factual [jurisdictional] finding based on memoranda and documents submitted by the parties." (Citations omitted; footnotes omitted; internal quotation marks omitted.) Id., at 652-54, 974 A.2d 669. The trial court "may [also] in its discretion choose to postpone resolution of the jurisdictional question until the parties complete further discovery or, if necessary, a full trial on the merits has occurred." Id., at 653 n. 16, 974 A.2d 669.
We review a trial court's denial of a motion to dismiss on the ground of sovereign immunity, based on an application of § 13a-144, de novo. See, e.g., Serrano v. Burns, 248 Conn. 419, 425, 727 A.2d 1276 (1999). "[W]hether a highway is defective may involve issues of fact, but whether the facts alleged would, if true, amount to a highway defect according to the statute is a question of law" over which we exercise plenary review. (Internal quotation marks omitted.) McIntosh v. Sullivan, 274 Conn. 262, 268, 875 A.2d 459 (2005) ; see Serrano v. Burns, supra, at 425, 727 A.2d 1276. "In undertaking this review, we are mindful of the well established notion that, in determining whether a court has subject matter jurisdiction, every presumption favoring jurisdiction should be indulged." (Internal quotation marks omitted.) Conboy v. State, supra, 292 Conn. at 650, 974 A.2d 669.
I
We first consider whether the complaint and the evidence in the record support a conclusion that Nicholas **351remained a traveler over the state highway when he moved to the sidewalk along Route 113. The commissioner claims that, as a matter of law, Nicholas was not a traveler on Route 113 because he was, instead, a traveler on the sidewalk. In response, the plaintiffs argue that a jury could find that Nicholas retained his status as a traveler over Route 113 when he moved to the sidewalk, because his travel over the sidewalk was incidental to and for a purpose connected with his travel over Route 113. We agree with the plaintiffs, and conclude that the trial court properly denied the motion to dismiss on this ground because the record in this case would support a finding that Nicholas retained his status as a traveler on Route 113.
"It is settled law that the statutory right of action is given only to a traveler on the road or sidewalk alleged to be defective." Tuckel v. Argraves, 148 Conn. 355, 358, 170 A.2d 895 (1961). "A person must be on the highway for some legitimate purpose connected with travel thereon in order to obtain the protection of the statute." Hay v. Hill, 137 Conn. 285, 289-90, 76 A.2d 924 (1950) ; see also Anderson v. Argraves, 20 Conn.Supp. 138, 143, 127 A.2d 620 (1956) (statute "provides no right of recovery to an abutting landowner for damages from a defective highway ... [it] is designed to protect *791travelers only" [internal quotation marks omitted] ), aff'd, 146 Conn. 316, 150 A.2d 295 (1959).
A person may, under some circumstances, traverse areas adjacent to the conventionally traveled highway while maintaining his status as a traveler entitled to bring an action under § 13a-144. For example, this court has held that a traveler on the highway may include a person traveling on the shoulder of the road; Griffith v. Berlin, 130 Conn. 84, 87, 32 A.2d 56 (1943) ; grassy areas abutting the road; Ferreira v. Pringle, 255 Conn. 330, 343-44, 766 A.2d 400 (2001) ; Baker v. Ives, supra, 162 Conn. at 299-302, 294 A.2d 290 ; Hay v. Hill, supra, 137 Conn. at 289-90, 76 A.2d 924 ;
**352and even the parking lot of a rest area along the highway. Serrano v. Burns, supra, 248 Conn. at 429, 727 A.2d 1276. Travel over such areas may fall within the purview of § 13a-144 when it is "incidental" to travel over the highway; (internal quotation marks omitted) Ferreira v. Pringle, supra, at 344, 766 A.2d 400 ; and for a "purpose connected with travel thereon...." (Internal quotation marks omitted.) Id., at 342, 766 A.2d 400 ; see also O'Neil v. New Haven, 80 Conn. 154, 156-57, 67 A. 487 (1907). Indeed, travel over such areas may be necessary to meet certain "exigencies of travel" over the highway. Hay v. Hill, supra, at 290, 76 A.2d 924. "[A] plaintiff is not obliged to remain seated in a vehicle proceeding on the highway. Reasonable latitude is allowed to meet the exigencies of travel." Id. "[T]he question is one of degree and fact. Within reasonable limits it is for the jury." Id.; see also Bellman v. West Hartford, 96 Conn.App. 387, 394, 900 A.2d 82 (2006).
For example, in Ferreira v. Pringle, supra, 255 Conn. at 352, 766 A.2d 400, we concluded that a bus passenger disembarking from a bus onto a grassy area adjacent to the highway retained his status as a traveler over the highway because "bus travel necessarily dictates that passengers disembark on the side of the road in connection with the use of the bus and for purposes of public travel." Because the bus passenger did not leave the highway "for a purpose other than traveling over the highway," his claim fell within the ambit of General Statutes § 13a-149, the municipal highway defect statute.8 Id., at 351, 766 A.2d 400 ; see also id., at 351-55, 766 A.2d 400 (affirming dismissal of claim because **353plaintiff did not invoke statute). Similarly, in Serrano v. Burns, supra, 248 Conn. at 429, 727 A.2d 1276, this court, in reversing dismissal of an action, held that a jury reasonably could find that a pedestrian who had slipped on ice in the parking lot of a rest area along the highway was still a traveler on the highway when she fell, because her use of the rest area was "so closely related to [her] travel upon the highway...." Id. In Hay v. Hill, supra, 137 Conn. at 286-90, 76 A.2d 924, this court held that a motor vehicle passenger remained a traveler over the highway when she exited a vehicle, which had pulled over on the highway, walked across some shrubs and weeds next to the highway, and then fell into an unguarded culvert eight to twelve feet from the road. *792By contrast, when a person "voluntarily depart[s] from the traveled way, and turn[s] aside from [their] journey for a purpose in no way connected with [their] passage over the highway," that person loses their status as a traveler over the highway. O'Neil v. New Haven, supra, 80 Conn. at 156, 67 A. 487. For example, in O'Neil, this court held that a cart driver was not a traveler over the highway when he left the traveled portion of the highway to use platform scales owned and operated by a private party. Id., at 155-57, 67 A. 487. With respect to the driver's apparent intention to return to the highway, this court stated: "The fact that he had but shortly before been using the street for travel, and intended to soon resume his passage over it, made him no more a traveler thereon than he would have been had his digression for an independent purpose been of longer duration...." Id., at 156-57, 67 A. 487.
The salient question in the present case is, therefore, whether Nicholas, as a bicyclist, retained his status as a traveler on the highway when he moved from the shoulder of the road to the sidewalk along Route 113. On the facts of this case, we conclude that the record could support a finding that Nicholas was a traveler **354over the highway when he fell into the culvert, because his travel over the sidewalk was "incidental" to; (internal quotation marks omitted) Ferreira v. Pringle, supra, 255 Conn. at 344, 766 A.2d 400 ; and for a "purpose connected with" his travel over Route 113.9 (Internal quotation marks omitted.) Id., at 342, 766 A.2d 400 ; see also O'Neil v. New Haven, supra, 80 Conn. at 156, 67 A. 487. A jury could reasonably find that Nicholas temporarily moved to the sidewalk to meet an "exigenc[y] of travel" over Route 113. Hay v. Hill, supra, 137 Conn. at 290, 76 A.2d 924. Nicholas testified that he moved to the sidewalk to avoid the fast moving, oncoming cars on the highway.10 He stated that, "[t]he headlights were hitting my eyes ... [a]nd ... the cars were going pretty fast, so I just thought it would be safer ... to go on the sidewalk." We have previously recognized that "modern traffic" may constitute an exigency requiring a traveler to depart from the traveled portion of the highway.11 (Internal quotation marks omitted.) Ferreira v. Pringle, supra, at 347, 766 A.2d 400 ; see also Rusch v. Cox, 10 Conn.Supp. 521, 526 (1942) (noting that highway includes shoulder of road and concluding that "the layout [of the highway] was such as almost to amount to a trap **355for those, who in the night season, might drive upon the shoulder for emergency use or in the exercise of unusual caution, due to the exigency of modern traffic"), aff'd, 130 Conn. 26, 31 A.2d 457 (1943). Thus, a finder of fact could determine *793that the "[r]easonable latitude" afforded to travelers on the highway may extend to a thirteen year old bicyclist moving from the shoulder of the road to the sidewalk, at night, while preparing to make a left turn. Hay v. Hill, supra, at 290, 76 A.2d 924. A jury might also reasonably find that Nicholas left the highway altogether when he moved to the sidewalk and, consequently, lost his status as a traveler over the highway. This determination, however, is one for the fact finder. We simply hold that we cannot conclude, as a matter of law, that Nicholas "voluntarily departed from the traveled way, and turned aside from his journey for a purpose in no way connected with his passage over the highway" at this juncture.12 (Emphasis added.) O'Neil v. New Haven, supra, at 156, 67 A. 487. Rather, Nicholas' travel over the sidewalk, driveway, and small patch of lawn reasonably could be found to be "so closely related" to his travel over the highway, that he retained the protections of § 13a-144 while on the sidewalk.13 Serrano v. Burns, supra, 248 Conn. at 429, 727 A.2d 1276. **356Relying heavily on Tuckel v. Argraves, supra, 148 Conn. at 355, 170 A.2d 895, the commissioner and the dissent argue, however, that, as a matter of law, Nicholas was a traveler on the sidewalk, and not the highway, when he fell into the culvert, and thus, his travel over the driveway and small patch of grass was incidental to and for a purpose connected with his travel over the sidewalk. It is undisputed that Nicholas was traveling over the sidewalk immediately before he fell into the culvert. This fact alone, however, does not preclude a jury from finding that his travel over the sidewalk, driveway, and small patch of grass, was incidental to and for a purpose connected with his travel over Route 113. On these facts, the two are not mutually exclusive. Bicyclists may utilize the shoulders of the road or the sidewalks along a road when attempting to travel over a highway, unless prohibited by a city or town ordinance. See General Statutes *794(Rev. to 2011) § 14-286(a).14 The commissioner points to no ordinance of the town prohibiting bicycling on the sidewalk, and our independent research has revealed none. See Stratford Code of Ordinances, **357c. 186 (streets and sidewalks); Stratford Code of Ordinances, c. 203 (vehicles and traffic). Thus, bicyclists in the town may be classified as travelers over the sidewalk or highway at different points throughout their journey, and whether they retain their status as a traveler over the highway when they move to the sidewalk is a "question ... of degree and fact" for the jury. Hay v. Hill, supra, 137 Conn. at 291, 76 A.2d 924. Here, because Nicholas began his journey on the shoulders of the highway and moved to the sidewalk out of safety concerns, we cannot say, as a matter of law, that Nicholas did not retain his status as a traveler over the highway when he moved to the sidewalk and fell into the culvert.15 Accordingly, the trial court properly denied the commissioner's motion to dismiss on this ground.16 **358II
We next consider the commissioner's claim that the trial court improperly denied *795his motion to dismiss because the plaintiffs failed to allege sufficient facts from which a jury could find that the culvert constitutes a highway defect actionable under § 13a-144. The plaintiffs alleged in their complaint that the culvert is defective because the commissioner failed to erect a "fence, rail, or a barrier" near the sidewalk to warn pedestrians and bicyclists approaching from the sidewalk of the existence of the culvert, to provide "reasonable lighting" near the culvert, and/or to "reasonably maintain the area," which was "overgrown with grass, foliage and ... brush" that concealed the existence of the culvert. The commissioner claims, however, that the culvert cannot constitute a highway defect as a matter of law because it is in an area unintended for public travel. In response, the plaintiffs argue that because the sidewalk led directly to the culvert, and bicyclists were invited and expected to utilize the sidewalk in connection with their travel over Route 113, a jury could find that the state reasonably should have expected bicyclists to traverse the culvert area, albeit by accident. Thus, the plaintiffs assert that the state should have maintained the culvert in a manner such that bicyclists and pedestrians approaching the culvert from the sidewalk would be alerted to its existence. We agree with the plaintiffs, and conclude that the record in this case could support a finding that the culvert was a highway defect under § 13a-144, because it may be an area in **359which the state reasonably should have expected bicyclists and pedestrians to travel.17
"[A] highway defect is [a]ny object in, upon, or near the traveled path, which would necessarily obstruct or hinder one in the use of the road for the purpose of traveling thereon, or which, from its nature and position, would be likely to produce that result...." (Internal quotation marks omitted.) Kozlowski v. Commissioner of Transportation, supra, 274 Conn. at 502-503, 876 A.2d 1148. "[T]he defect need not be a part of the roadbed itself," however, "objects which have no necessary connection with the roadbed or public travel, which expose a person to danger, not as a traveler, but independent of the highway, do not ordinarily render the road defective." Comba v. Ridgefield, 177 Conn. 268, 270, 413 A.2d 859 (1979).
The defective condition must also exist in an area intended for public travel, or in an area that the public is invited or reasonably expected to traverse. See Kozlowski v. Commissioner of Transportation, supra, 274 Conn. at 504-505, 876 A.2d 1148 ; Chazen v. New Britain, 148 Conn. 349, 353, 170 A.2d 891 (1961). "[If] the state either invites or reasonably should expect the public to use a particular area that is not directly in the roadway but that is a necessary incident to travel on the roadway, a defective **360condition therein may give rise to a cognizable action under *796the statute." Kozlowski v. Commissioner of Transportation, supra, at 504-505, 876 A.2d 1148. The fact that the defective condition is in an area where members of the public are "likely, and in fact encouraged, to use is an important consideration." Baker v. Ives, supra, 162 Conn. at 301-302, 294 A.2d 290.
"Whether a condition in a highway constitutes a defect must be determined in each case on its own particular circumstances." Chazen v. New Britain, supra, 148 Conn. at 353, 170 A.2d 891. "[The state] is not bound to make the roads absolutely safe for travel.... Rather, the test is whether ... the state has exercised reasonable care to make and keep such roads in a reasonably safe condition for the reasonably prudent traveler." (Internal quotation marks omitted.) Kozlowski v. Commissioner of Transportation, supra, 274 Conn. at 503, 876 A.2d 1148. "To define in general terms the precise limits of the duty of [the commissioner] in these cases is not an easy matter...." (Internal quotation marks omitted.) McIntosh v. Sullivan, supra, 274 Conn. at 273, 875 A.2d 459. "Generally, the question ... is one of fact, depending on a great variety of circumstances, and this court will find error only when the conclusion is one which could not be reasonably reached by the trier." Chazen v. New Britain, supra, at 353, 170 A.2d 891.
As noted previously, this court has recognized that defective conditions in areas unintended for public travel, in the strict sense, may nonetheless qualify as highway defects if the state reasonably should have expected the public to traverse the area in connection with their travel over the highway.18 See **361Kozlowski v. Commissioner of Transportation, supra, 274 Conn. at 504-505, 876 A.2d 1148. For example, in Hay v. Hill, supra, 137 Conn. at 286-91, 76 A.2d 924, this court held that an unguarded culvert eight to twelve feet from the road could constitute a highway defect, when the passenger of a motor vehicle exited the vehicle, walked across some shrubs and weeds adjacent to the highway, and fell into the culvert. Likewise, in Baker v. Ives, supra, 162 Conn. at 300-301, 294 A.2d 290, this court concluded that a grassy area between a parking space and sidewalk along a highway that had accumulated snow and ice could constitute a highway defect, when a motorist that had parked her car slipped and fell in the area, thirty-two feet from the road, while attempting to reach the sidewalk. The court stated in Baker that, "[t]his is not a situation where the [motorist] crossed an area not intended for pedestrian travel ... the public in general were encouraged to use this area for parking and it was reasonably to be expected that after parking her car the [motorist] would cross the ... area to reach the sidewalk." (Citation omitted.) Id., at 301, 294 A.2d 290. We similarly *797concluded in Ferreira v. Pringle, supra, 255 Conn. at 334, 352, 766 A.2d 400, that the stub of a signpost embedded in the grass along a highway seven feet from the road could constitute a highway defect, when a passenger disembarking from a bus stepped on the signpost and injured himself. We reasoned that "it is clear ... that the defective condition was in an area where bus passengers were likely, and in fact encouraged, to disembark...." (Citation omitted.) Id., at 350, 766 A.2d 400 ; see also Serrano v. Burns, supra, 248 Conn. at 429, 727 A.2d 1276 (icy parking lot **362of rest area along highway could constitute highway defect because state invited motorists to use rest area, and there was "no significant difference" between area "adjacent to the traveled portion of a highway" and area "away from the traveled portion of the highway" that state invited public to use).
Conversely, defective conditions in areas where the public was neither invited nor reasonably expected to traverse cannot, as a matter of law, constitute a highway defect. For instance, we held in Kozlowski v. Commissioner of Transportation, supra, 274 Conn. at 502-504, 876 A.2d 1148, that a catch basin with a faulty cover, located in a grass area adjacent to the highway, could not, as a matter of law, constitute a highway defect. We reasoned that "while the catch basin is near the roadway ... it is in an area unintended for automobile or pedestrian travel." Id., at 504, 876 A.2d 1148. We further reasoned that "it is clear that the public is neither invited nor expected to traverse the catch basin area." Id., at 505, 876 A.2d 1148. Similarly, in Chazen v. New Britain, supra, 148 Conn. at 353, 170 A.2d 891, this court held that an unguarded ditch five feet from the roadway could not constitute a highway defect, when a motorist fell into the ditch after parking his vehicle and crossing a patch of unmowed grass to reach a public park, rather than utilize the "traveled way" to the park. The court noted that "[i]n taking the route he did, [the motorist] chose to cross an area which was not intended for pedestrian travel." Id., at 352, 170 A.2d 891. The court further explained that: "When our residential streets are laid out, it is common practice to provide space for purposes other than those of ordinary travel.... The general proposition that the public is entitled to the free use of any part of a public street must be accepted with the qualification that certain portions of the street may, for the benefit and convenience of the public, be devoted to purposes other than travel.... Since it is not intended that there shall be travel on such areas, travelers who leave the way **363provided for them and attempt to cross such areas may not assume that the areas are free from danger or unusual conditions...."19 Id., at 353-54, 170 A.2d 891. *798We conclude that the trial court properly denied the commissioner's motion to dismiss because a jury reasonably could find that the state reasonably should have expected the public to traverse the culvert area, which would render the culvert a highway defect actionable under § 13a-144.20 A jury could reach this conclusion because: (1) the sidewalk led directly to the culvert; **3642) the sidewalk is an area intended for public travel; and (3) bicyclists were invited and reasonably expected to utilize the sidewalk, when necessary, in connection with their travel over Route 113. See Kozlowski v. Commissioner of Transportation, supra, 274 Conn. at 504-505, 876 A.2d 1148. The culvert, at nine feet from the road, is nearly identical to that considered in Hay, which was eight to twelve feet from the road. See Hay v. Hill, supra, 137 Conn. at 287-88, 76 A.2d 924. Additionally, members of the public were "likely, and in fact encouraged" to use the sidewalk when traveling on Route 113-albeit by the town, rather than the state-as in Baker and Ferreira. See Ferreira v. Pringle, supra, 255 Conn. at 350, 766 A.2d 400 ; Baker v. Ives, supra, 162 Conn. at 299, 294 A.2d 290 ; see also Rivers v. New Britain, 288 Conn. 1, 22 n. 18, 950 A.2d 1247 (2008) ( "[w]hen a municipality places a sidewalk next to a road, it invites pedestrians to use the sidewalk"). Pedestrians were actually required to use the sidewalk; see General Statutes § 14-300c (a) ; Bellman v. West Hartford, supra, 96 Conn.App. at 394, 900 A.2d 82 (duty under highway defect statute "extends to pedestrian travel as well as to vehicular traffic" [internal quotation marks omitted] ); and bicyclists could utilize the sidewalk as a "necessary incident" to their travel over Route 113. Kozlowski v. Commissioner of Transportation, supra, at 504, 876 A.2d 1148.
More importantly, because the sidewalk led directly to the culvert, a jury reasonably could find that this unique fact brings the plaintiffs' claim within the purview of § 13a-144. See, e.g., Bartlett v. Metropolitan District Commission, 125 Conn.App. 149, 161, 7 A.3d 414 (2010) (storm drain maintained by municipal authority, located on sidewalk maintained by city, could constitute highway defect under § 13a-149 ; "[s]ince the cover of the storm drain was located on a sidewalk, it was reasonable to anticipate that the public would encounter it in the ordinary course of travel"), cert. denied, 300 Conn. 913, 13 A.3d 1101 (2011). Thus, a jury **365reasonably could conclude that without posts facing the sidewalk, adequate lighting in the area, and sufficient *799maintenance of the brush that concealed the culvert, those using the sidewalk-bicyclists in particular-might attempt to continue their journey by crossing the driveway and grass, and inadvertently fall into the culvert without realizing that the sidewalk had ended, especially at night.21 See Hay v. Hill, supra, 137 Conn. at 289, 76 A.2d 924 (The jury could have reasonably concluded that the state "should have corrected the defect or protected [the culvert] by a railing or both.... It was a question of fact."). This element is missing from Kozlowski and Chazen, and we find those cases distinguishable on that basis. Unlike in Kozlowski, a jury might reasonably find that bicyclists could have been expected to accidentally traverse the culvert area due to the positioning of the sidewalk and culvert. See Kozlowski v. Commissioner of Transportation, supra, 274 Conn. at 504, 876 A.2d 1148. Additionally, unlike the motorist in Chazen, a jury reasonably might find that Nicholas did not purposely "leave the way provided for [him]," and instead, fell into the culvert while attempting to recommence his travel over the state highway.22 Chazen v. New Britain, supra, 148 Conn. at 353, 170 A.2d 891. *800**366The commissioner argues that, as a matter of law, a jury cannot find that the state reasonably should have expected the public to traverse the culvert area because the sidewalk ended at a private driveway and small patch of lawn shortly before the culvert. He claims that, because the driveway and lawn are on private property, members of the public were neither invited nor expected to traverse those areas and, thus, the state could not reasonably have expected members of the public to fall into the culvert. We disagree. "The term sidewalk is meant to apply to those areas that the public uses for travel." (Internal quotation marks omitted.) Bellman v. West Hartford, supra, 96 Conn.App. at 395, 900 A.2d 82. "The essential feature of a public use is that it is not confined to privileged individuals or groups whose fitness **367or eligibility is gauged by some predetermined criteria, but is open to the indefinite public. It is the indefiniteness or unrestricted quality of potential users that gives a use its public character." (Internal quotation marks omitted.) Cuozzo v. Orange, 147 Conn.App. 148, 158, 82 A.3d 647 (2013), aff'd, 315 Conn. 606, 109 A.3d 903 (2015). As such, this court has not necessarily found it dispositive that a plaintiff briefly crossed private property while attempting to travel over a public way. See, e.g., Sedita v. Steinberg, 105 Conn. 1, 5-8, 134 A. 243 (1926) (jury in tort case could find that pedestrian was in "lawful use of the public highway, with the legal status of a traveler" when he walked on private property between buildings and curb, because space was "entirely open, and apparently open for the use of all travelers who might choose to avail themselves of it ... and not marked off from, the sidewalk proper"); Crogan v. Schiele, 53 Conn. 186, 197-98, 1 A. 899 (1885) (pedestrian did not necessarily cease to use highway as traveler when she stepped into unguarded opening on private property between building and sidewalk, concluding "[t]here was nothing to mark the exact line of separation between the sidewalk and the [private] lot," and, thus, "[t]he entire space [from the street] to the [building] was apparently a public sidewalk: it does not appear [the pedestrian] knew anything to the contrary ... the [landowner] had thrown open to the public and made part of the public domain that part of his property covered by th[e] extended sidewalk").23 **368Rather, when it is unclear whether an area is "open to the public," we have generally left the question to the finder of fact. Pramuka v. Cromwell, 160 Conn.App. 863, 878, 127 A.3d 320 (2015) ; see also id. (whether parking lot and driveways on property of public school "are open to the public or contain sufficient restrictions that would limit their public availability cannot be determined on the basis of the record ... and, in fact, may be questions more appropriately answered by a jury"), cert. denied, 320 Conn. 908, 128 A.3d 952 (2015) ; Bellman v. West Hartford, supra, at 395, 900 A.2d 82 (court should have held evidentiary hearing to determine whether driveway of community center was "open [to] the *801public and ... actually used by the public"; issue was "question for the fact finder"); see also Klein v. Norwalk, 305 Fed.Appx. 745, 747-48 (2d Cir.2009) (drainage grate in municipal parking lot could constitute highway defect under § 13a-149 because pedestrians were expected and reasonably anticipated to traverse area, which was open to public, actually used by public, and incident to travel on surrounding roadways and sidewalks).24
In the present case, the sidewalk crosses at least two private driveways before the driveway leading to the culvert. Although these driveways create a temporary break in the sidewalk, the sidewalk evidently continues immediately beyond them. It may not appear to a pedestrian **369or bicyclist that he or she must revert to the shoulder of the road upon encountering these driveways, rather than simply cross the driveways and continue on the path of the sidewalk. Put differently, the presence of the driveway immediately before the culvert may not have indicated to a bicyclist or pedestrian that the sidewalk was ending. The small patch of lawn also does not appear significant enough to alert a bicyclist or pedestrian to this fact, at least in time for them to return to the road and avoid falling into the culvert.25 Indeed, Nicholas testified at his deposition that he did not realize the sidewalk was ending when he fell into the culvert.26 See Bartlett v. Metropolitan District Commission, supra, 125 Conn.App. at 161, 7 A.3d 414 ("the term public travel refers to the normal or reasonably anticipated uses that the public makes of a highway in the ordinary course of travel" [internal quotation marks omitted] ). Moreover, all of these features-the sidewalk, part of the driveway, and the small patch of lawn-are located within the state right-of-way line. A jury might therefore conclude that the state should have reasonably expected that pedestrians or bicyclists-especially bicyclists at night-would accidentally cross the drive-way and small patch of grass and, before realizing that the sidewalk had ended, fall into the culvert.27 Nicholas *802**370did just that, and the plaintiffs have, therefore, established a cognizable highway defect claim under § 13a-144. Accordingly, we conclude that the trial court properly denied the commissioner's motion to dismiss.
The judgment is affirmed.
In this opinion ROGERS, C.J., and PALMER, ZARELLA and EVELEIGH, Js., concurred.