Pedestrian, who tripped and fell on a public sidewalk that was uneven and replete with cracks, brought action against owner of property abutting the sidewalk and property owner’s commercial tenant. The trial court granted summary judgment to property owner and its tenant, and pedestrian appealed.
The Supreme Court of Rhode Island held that neither property owner nor its tenant owed pedestrian a duty to maintain the sidewalk abutting its premises.
Pedestrian’s injuries occurred on a public sidewalk that was not within the control or possession of property owner or its tenant, and any duty created by town ordinance, addressing maintenance and repair of sidewalks, inured to the benefit of the municipality and not to individuals.