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Although the Town Code Imposes a Duty on Abutting Property Owners to Keep Sidewalks in Good Repair, It Does Not Impose Tort Liability On Abutting Property Owners for a Violation of that Duty

The Second Department determined summary judgment in favor of the town and the abutting property owners in a sidewalk slip and fall case was properly granted.  The property owners, the Schoenfelds, demonstrated they did not create the dangerous condition (a raised sidewalk flag) and did not subject the sidewalk to a “special use.”  The town demonstrated it did not have written notice of the defect. With respect to the potential liability of an abutting property owner, the court explained that, although the town code imposed a duty on property owners to keep abutting sidewalks in good repair, it did not impose tort liability on property owners for a violation of that duty:

“Generally, liability for injuries sustained as a result of negligent maintenance of or the existence of dangerous and defective conditions to public sidewalks is placed on the municipality and not the abutting landowner” … . “An abutting owner or lessee will be liable to a pedestrian injured by a dangerous condition on a public sidewalk only when the owner or lessee either created the condition or caused the condition to occur because of a special use, or when a statute or ordinance places an obligation to maintain the sidewalk on the owner or the lessee and expressly makes the owner or the lessee liable for injuries caused by a breach of that duty” … . Here, in support of their motion, the Schoenfelds demonstrated, prima facie, that they did not make special use of the sidewalk adjacent to their home. The Schoenfelds also demonstrated, prima facie, that they did not negligently create the condition of the raised sidewalk flag through negligent sidewalk repair. Further, while the Code of the Town of Hempstead imposes a duty on, among others, landowners to keep contiguous sidewalks in good and safe repair, it does not impose tort liability upon such parties for injuries caused by a violation of that duty … . Maya v Town of Hempstead, 2015 NY Slip Op 03507, 1st Dept 4-29-15

 

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