In the case of Girdler v. Libassi, 2022-Ohio-1846, the Court of Appeals held that the municipality was responsible for maintaining a public sidewalk outside a homeowner’s home when a pedestrian was injured when she tripped and fell.
Here, a pedestrian argued that a homeowner was negligent in allowing grass to grow between the sidewalk squares on the public sidewalk outside the homeowner’s home. The homeowner argued that it was the municipality’s duty, not the homeowner’s, to maintain the public sidewalk in a safe condition. The Court agreed with the homeowner.
In support of its conclusion, the Court reasoned that the municipality, not the owner of the property, has the duty to maintain public sidewalks in a safe condition. There are three exceptions to this general rule: 1) where a statute or ordinance exists that expressly imposes the duty on the property owner; 2) where the owner affirmatively acts to create or negligently maintain the dangerous condition which causes the injury; or 3) where the owner negligently permitted the dangerous condition for some private use or benefit. The Court explained that none of these exceptions applied to this case because the grass growing in the sidewalk was considered the result of “ordinary wear and tear” and not “affirmative misconduct by the landowner.” Thus, the homeowner was not responsible for maintaining the public sidewalk.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.