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PREMISES LIABILITY: Appellate Court holds that property owner owed no duty of care to those injured on abutting sidewalk, unless defect was created by owner’s actions

PREMISES LIABILITY:  Appellate Court Holds That Property Owner Owed No Duty Of Care To Those Injured On Abutting Sidewalk, Unless Defect Was Created By Owner’s Actions

The Appellate Court affirms the granting of Summary Judgment for defendant, property owner, where plaintiff brought claims sounding in negligence, negligence per se, and nuisance against abutting property owner for an injury caused by a defective sidewalk.  The law holds that a property owner owes no duty to a third party for a defective sidewalk unless there is a statute or ordinance granting such a duty, or when the defect is caused by the actions of the landowner.

The court holds that the plaintiff failed to allege any positive act on the part of the defendant, landowner, to create the defect and rather alleged the defect was due to natural causes in the settling of a sidewalk segment.

Cynthia Cyr v. VKB, LLC, et al., 194 Conn.App. 871 (December 17, 2019)

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