I live in the city, and theres a sidewalk out front of my property... Is it my responsibility? or the citys?
2007-12-16 03:36:19 · 10 answers · asked by Sweetness 1 in Politics & Government ➔ Law & Ethics
Unfortunately, there is no clear cut answer here. Much will depend upon where you live. If the sidewalk is on YOUR property (and not on someone else's property or city property, the road, etc.) you could be held responsible. I would consult a plot plan or other map of your property to confirm that the area where the person fell is in fact on your property. If they fell on a sidewalk outside of your property line, the chances you could be held responsible drop significantly.
Further, check with the city. Some municipal ordinances say that the landowner on which the sidewalk is would be the person responsible for clearing it and maintaining it. Others state that it is the municipality's responsibility. If the city is responsible for clearing the walk, the chances you could be held responsible also drop.
Finally, you want check with a lawyer in the jurisdiction where you live. In some states it requires the snow/ice/substance the person falls on to be an "unnatural accumulation", i.e. its not just a regular snowfall or and has not changed, like been trampled upon, melted due to weather changes, etc. In other words if a person falls on your side walk while snowing you are not responsible. Some states allow you to sue if the snow is a natural accumulation but has been there long enough for the property owner to be aware of it and had sufficient time to recitfy the situation, i.e. if its natural snow and you know its been there for 24 hours, you had enough time to get rid of it and you could be responsible.
Lastly, keep in mind that a person can not sue you just if they fall. There are four elements to a tort suit: duty, negilgence, causation, and harm. While the above addresses the duty and the negligence, the person suing you would also have to prove that they were injured as a result of the fall and their injuries are a direct result of the fall on the sidewalk. No injury, no suit.
2007-12-16 03:55:59 · answer #1 · answered by BarbarianKing 1 · 0⤊ 0⤋
Yes...it is your responsibility to keep your walk clean (from snow,etc) and safe (no big unlevel cracks) or you can be sued. The city owns the grass between the sidewalk street (tree lawn, devils strip, whatever you call it) but it is the home owners responsibility to maintain it.
2007-12-16 03:41:30 · answer #2 · answered by LEO53 6 · 0⤊ 0⤋
The sidewalk is your responsibility and you must keep it clean and in good repair. If someone falls, you will end up with a claim on your homeowner's insurance.
2007-12-16 03:44:47 · answer #3 · answered by Diane M 7 · 0⤊ 0⤋
The side walk is the property owners responsibility. Unfortunately you can get sued.
2007-12-16 03:40:05 · answer #4 · answered by Tea Party Patriot 6 · 0⤊ 0⤋
Definately yur responsibility. You have to protect yourself and keep the sidewalk clear. I know its crazy but true.
2007-12-16 03:40:27 · answer #5 · answered by Anonymous · 0⤊ 0⤋
the sidewalk is the city's
2007-12-16 03:43:32 · answer #6 · answered by momontheedge 4 · 0⤊ 0⤋
Yours to keep clear but the city owns it and is responsible... I know.. makes no sense but thats the way it is..
2007-12-16 03:42:35 · answer #7 · answered by Ditka 7 · 0⤊ 0⤋
Anyone can sue anyone for anything, and in the US they usually do.
2007-12-16 03:47:40 · answer #8 · answered by Mezmarelda 6 · 1⤊ 0⤋
You can be sued for anything these days.
2007-12-16 03:41:34 · answer #9 · answered by zombi86 6 · 2⤊ 0⤋
yours, you can be sued
2007-12-16 03:39:38 · answer #10 · answered by evrettbgo 5 · 0⤊ 0⤋