Practice point: Generally, liability for injuries sustained as a result of a dangerous condition on a public sidewalk is placed on the municipality, and not on the owner of the abutting land.
Practitioners should note, however, that liability may be imposed on the abutting landowner where the landowner either affirmatively created the dangerous condition, voluntarily but negligently made repairs to the sidewalk, created the dangerous condition through a special use of the sidewalk, or violated a statute or ordinance expressly imposing liability on the abutting landowner for a failure to maintain the sidewalk.
Case: James v. Blackmon, NY Slip Op 00507 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
