Out-of-Possession Owners and Snow, Ice Liability: Appellate Courts Are Split
Alan R. Levy writes: Do "out-of-possession" commercial landowners, who have transferred possession and control of premises to a commercial tenant, retain the non-delegable duty to remove snow/ice from their abutting sidewalks? Can they be liable for injuries arising from an alleged failure to do so? The courts appear to be struggling with this question, as there appears to be a split among the First and Second Departments.
July 17, 2017 at 02:02 PM
9 minute read
One of the more common types of personal injury lawsuits is when a pedestrian slips and falls on an alleged condition of snow and ice on a public sidewalk abutting a commercial premises. Under long-standing N.Y. law, generally, liability for injuries sustained as a result of a dangerous condition such as snow/ice on a public sidewalk rested with the municipality and not the abutting landowner. See City of Rochester v. Campbell, 123 N.Y. 405 (1890); Roark v. Hunting, 24 N.Y.2d 470 (1969). Traditionally, there are exceptions where the landowners can be held liable:
[W]here the sidewalk was constructed in a special manner for the benefit of the abutting owner, the abutting owner affirmatively caused the defect, where the abutting landowner negligently constructed or repaired the sidewalk, and where a local ordinance or statute specifically charges an abutting landowner with a duty to maintain and repair the sidewalks and imposes liability for injuries resulting from the breach of that duty.
Hausser v. Giunta, 88 N.Y.2d 449, 453 (1996) (emphasis added).
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