This post was contributed by a community member. The views expressed here are the author's own.

Health & Fitness

ICY SIDEWALKS REMAIN A HAZARD WELL AFTER THE SNOW HAS STOPPED!

The snow storm has stopped, and the sidewalk has been shoveled.  The snow adjacent to the sidewalk melts during the day causing water to run across the sidewalk and freeze overnight.  A pedestrian is strolling down the sidewalk and slips on a smooth sheet of “black ice”.  Is the homeowner liable for the pedestrian’s injuries?  As is most usually the case, it depends.

The most common way to establish liability on a homeowner in these cases is to show that the ice resulted from a defective condition on the sidewalk.  For example, Evalee Claytor was walking on the sidewalk in front of the home owned by Choice and Marjorie Durham.  Evalee slipped on a patch of ice and fractured her hip.  The ice which caused Evalee's fall had accumulated in a depression in the sidewalk and had been covered by snow. The depression had been created by the separation of two concrete slabs. One of the slabs had been pushed up several inches from its original position by the roots of a shade tree standing at the curb. 

A jury trial was held and a verdict in favor of Evalee was awarded.  The Durhams appealed the verdict stating that Evalee failed to establish that they had notice of the icy condition.  The Appellate Court disagreed with the Durhams stating that the evidence disclosed an artificially created defect in the sidewalk which permitted ice to accumulate and cause a dangerous condition.  Because this defect had to have taken years to occur, the Court stated if the Durhams did not have actual notice, the Durhams had “constructive notice”.  “Constructive notice” is when a landowner may not actually know about the defective condition, however, the condition was present for such a length of time that the owner should have discovered the defect with the exercise of reasonable care. 


CAUTION:  The place of the fall (residential or business) and the status of the injured party (trespasser, licensee, or invitee), changes the duties and obligations of the landowner.  If you are injured in a fall, you must have your case reviewed by an attorney to determine if a party is at fault.  If someone is injured on your sidewalk because of a fall, notify your insurance company immediately.

Jim McCarthy is an attorney at the law firm of McCarthy & McCarthy, P.C. (www.mccarthymccarthy.com) and can be reached at JMcCarthy@McCarthyMcCarthy.com . Nothing in this blog is legal advice.  No one should act upon the contents of this blog and should consult an attorney for advice based upon their facts and circumstances before making any decisions.   

We’ve removed the ability to reply as we work to make improvements. Learn more here

The views expressed in this post are the author's own. Want to post on Patch?