RisCassi and Davis, P.C., has pursued many claims arising from injuries occurring because of the dangerous conditions in stores, restaurants, homes, walkways, stairways or other premises. Sometimes, the dangerous condition is a permanent, structural condition such as inadequate handrails, insufficient lighting, or poorly designed steps that trap water and ice. Sometimes, it is a temporary condition such as objects or substances left on the floor of a grocery store. Sometimes, the dangerous condition arises from the failure to timely treat dangerous conditions arising from the weather, such as snow and ice on sidewalks or water on the floor of stores. In other cases, premises may be dangerous not because of any physical condition, but because of negligent security, exposing the visitor to a risk of assault or other crime. We have handled cases based upon all of these different claims of defective or dangerous conditions.

You just fell on a dangerous and defective condition on a city sidewalk in Connecticut. Who is legally responsible for maintaining the sidewalk, the abutting landowner, or the city in which you fell?

The answer is that it depends. For a fall on a city sidewalk not caused by snow or ice, the city is most often responsible, but there are circumstances in which an abutting landowner might be liable, instead or in addition, particularly where the abutter affirmatively created a dangerous condition on the sidewalk.

For a fall on a city sidewalk caused by snow and ice, the situation is even more complicated. Certain Connecticut municipalities have enacted ordinances that transfer the legal liability for falls on snow or ice to the property owner. Other cities have ordinances that seem to place the onus for removing snow and ice on the property owner, but do not actually transfer the legal liability. And, even in those cities that have passed ordinance that do validly transfer the legal liability to the property owner, the city may still be liable when it creates the hazard. For example, this last exception might be an issue where a landowner had properly cleared his walkways, and then a city plow piled snow back atop it.

Thus, a fall on a city sidewalk may be a more complex case than it might seem.

Cases involving falls on defective city or town sidewalks also have short notice periods for any claim against the city. Under Section 13a-149, a notice with certain required information must be given to the clerk of the city, town or borough responsible for maintaining the sidewalk, within 90 days of the incident. It is generally a good idea to consult with an attorney as soon as possible, if you are injured in a fall on a defective sidewalk in Connecticut.

Call us at 800.344.5297 or contact us online to discuss your legal options.