Section 13.75 Abutting Owners’ Liability With Respect to Sidewalks and Streets

• Library: Tort Law 2016

2. (§13.75) Abutting Owners’ Liability With Respect to Sidewalks and Streets

An abutting property owner owes no duty to the public to remove ice or snow from streets and sidewalks; this is comparable to the rule regarding structural defects in streets.

But an abutting owner who makes a special use of the sidewalk must exercise reasonable care to maintain that part put to special use in a reasonably safe condition. Martin v. Gilmore, 358 S.W.2d 462 (Mo. App. W.D. 1962).

In Martin, the plaintiff-pedestrian brought an action against Gilmore, an abutting property owner, for injuries sustained when the plaintiff fell on a public sidewalk that was crossed by the defendant’s driveway. The sidewalk was sloping, the grade having been altered to suit the...