The common law has traditionally imposed on property owners the duty to maintain the sidewalks abutting their properties. However, pedestrians should be wary of a gap in coverage created by the Pennsylvania Legislature that could leave an injured pedestrian with no liable party to recover from if the injury occurred on a sidewalk that is adjacent to a street owned by a governmental entity.
In Reid v. City of Philadelphia , the Pennsylvania Supreme Court recently overruled the Commonwealth Court’s decision in Sherman v. City of Philadelphia that “rewrote” an exception to governmental immunity that imposes liability for torts arising out of the care, custody or control of real property to include sidewalks that adjoin real property owned by the municipality.
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