LIABILITY - RHODE ISLAND

Maguire v. City of Providence

Supreme Court of Rhode Island - November 28, 2014 - A.3d - 2014 WL 6724406

Pedestrian, who fell to public sidewalk when her crutch slipped into a hole in the pavement, brought action against tenants of property abutting the sidewalk. The Superior Court granted summary judgment to the tenants. Pedestrian appealed.

The Supreme Court of Rhode Island held that tenants did not owe pedestrian a duty to maintain the sidewalk abutting their premises.

Tenants of property abutting public sidewalk did not owe pedestrian, who fell to the sidewalk when her crutch slipped into a hole in the pavement, a duty to maintain the sidewalk abutting their establishments in a safe condition, and absent duty, pedestrian did not establish negligence claim against either tenant, where there was no evidence that either tenant took action to create the dangerous condition.



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