11/08/2025
Winter is around the corner. Be careful walking on sidewalks and know that even if you fall in front of a single family home, the owner might still be responsible for your injuries. Especially where the owner created the dangerous condition. An example would be where the owner threw down salt, the salt melted the snow but created water that froze overnight creating ice patches. Below is our Court’s Jury Charge on walkways.
The owner [occupant] of residential premises abutting a public sidewalk is not responsible for defects therein caused by the action of the elements or by the wear and tear incident to public use. If, however, you find that the defective condition of the sidewalk was the result of the negligent construction thereof by the owner [occupant] or that it resulted from an activity, commercial or otherwise, which was carried on by the owner [occupant], the plaintiff may recover for the injuries proximately resulting from such defective condition.
