PREMISES LIABILITY – Appellate Court finds that property owner had no duty maintain sidewalk free of wildly growing grass:

1/10/2018 | Peter K. O'Keefe

Category: Personal Injury & Wrongful Death


The plaintiff slipped and fell on a sidewalk that was cracked and broken with grass growing through the cracks which hid the condition.  The sidewalk was adjacent to the defendant’s property.  The plaintiff sued alleging that the defendant was negligent in not maintaining the sidewalk free of the grass that obscured the condition of the sidewalk.  The defendant moved for summary judgment, asserting that it is an established rule in Connecticut that an abutting landowner is not liable for “the unsafe condition of an adjacent public sidewalk unless the unsafe condition is actually caused by the abutting landowner.”  The trial court granted the defendant’s motion for summary judgment and the plaintiff appealed.  The Appellate Court affirmed, stating that it was undisputed that the plaintiff’s fall was caused by the crack in the sidewalk, but that the plaintiff failed to allege that the defendant caused the unsafe condition by a positive act.  “Grass grows by itself.”  McFarline v. Mickens, 177 Conn. App. 83 (2017)

With offices in Southington and Wethersfield, as well as satellite offices in East Haddam, Simsbury and Farmington, our lawyers strive to meet the needs of area residents and businesses, making getting your legal services easier than ever. Call us now to speak with us about your case. (860) 278-4040 during business hours or 860.966.7436 any time, or email us any time at


Our Wethersfield office: 
433 Silas Deane Highway
Wethersfield, CT 06109
Phone: 860.278.4040
Fax: 860.527-2500

Share this:

Latest News

More Articles