Who Pays When Someone Falls on Your Icy or Snowy Sidewalk?

This is not as cut-and-dry as you might think it is, and it is one scary proposition if and when it occurs to you.

Mother nature has once again decided to remind of us what a true—eh, mmm, how can I say this --- not so nice lady she can be, by dumping more snow and ice on our streets, driveways, yards and sidewalks. It’s those pesky snow and ice covered sidewalks that send people flying and falling and getting hurt that cause so many problems and light up lawyers’ eyes.

What is the liability of a property owner, whose property abuts a public sidewalk, when someone slips and falls on a snow or ice covered sidewalk. The Connecticut Supreme Court, in November, 2014, in a case coming from the town of Enfield, Robinson v Cianfarani, 314  Conn 521 (2014), had the opportunity to again discuss the issue of liability as it relates to property owners when a person falls on an ice and snow covered sidewalk.

The Court relied upon its 1937 decision, Willoughby v New Haven, in which it stated that it is the sole responsibility of the municipality to keep its public streets (which includes sidewalks) reasonably safe and that it is not the duty of private property owners to undertake that task. The Court further stated that the only way that the municipality could shift the burden was by statute or ordinance. It took the Connecticut General Assembly 44 years to heed the Court’s advice and, in 1981 it adopted a statutory provision which allows a town to shift the liability to the abutting property owner. See §7-163a C.G.S.

Many towns have adopted this provisions, and, as such, property owners in towns that have adopted the provision, whose property abuts the public sidewalk, will be held liable in the event that someone falls on the sidewalk which runs along their property, if the property owner did not properly maintain the sidewalk for public use. It should be noted, however, that some towns only impose a fine or penalty upon the abutting property owner for failing to keep the sidewalk clear of snow and ice. For those lucky people who live in those towns, that Court has ruled that simply imposing a fine or penalty upon the abutting property owner for not clearing the snow or ice, will not trigger a transfer of liability to the abutting property owner and the town would be the entity that is liable if someone is injured as result of falling on an ice or snow covered sidewalk.  The town must specifically adopt the provisions of §7-163a C.G.S. to have successfully relieved itself of liability.

The moral of the story is, know your town’s local laws. Just about every town has its ordinances online. But regardless of whether liability is with you or the town, be nice to your neighbors and clear the snow from the sidewalks, it makes walking the dog so much easier.

Article courtesy of Benjamin S. Proto, Attorney at Law

If you have any questions, please feel free to email  Fairfield County Real Estate Attorney Ben Proto at ben@protolawfirm.com.  Call him at (203) 378-9595 or find Ben online at  www.protolawfirm.com

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Buying or Selling a Home in Fairfield County?  Contact us!

If you have a question about buying or selling Real Estate in  Fairfield County, and are in need of representation, I invite you to contact me. I know the market like the back of my hand, know marketing inside and out, am a skilled negotiator- and I'd love to be on your side :) - Judy

Search for properties on any of our sites, or get the very best visibility available for your home. Visit us online wherever you like: Find out more about Judy here

www.CThomesAndRealEstate.com      www.TheCTrealtyBlog.com     www.TheCTRB.com    and   www.CTfeaturedHomes.com 

 Email us or  call Toll Free (855) GET-JUDY

WHO PAYS WHEN SOMEONE FALLS ON THE ICE OR SNOW COVERED SIDEWALK?

                 Mother nature has once again decided to remind of us what a true—eh, mmm, how can I say this --- not so nice lady she can be, by dumping more snow and ice on our streets, driveways, yards and sidewalks. It’s those pesky snow and ice covered sidewalks that send people flying and falling and getting hurt that cause so many problems and light up lawyers’ eyes.

                 What is the liability of a property owner, whose property abuts a public sidewalk, when someone slips and falls on a snow or ice covered sidewalk. The Connecticut Supreme Court, in November, 2014, in a case coming from the town of Enfield, Robinson v Cianfarani, 314  Conn 521 (2014), had the opportunity to again discuss the issue of liability as it relates to property owners when a person falls on an ice and snow covered sidewalk.

                 The Court relied upon its 1937 decision, Willoughby v New Haven, in which it stated that it is the sole responsibility of the municipality to keep its public streets (which includes sidewalks) reasonably safe and that it is not the duty of private property owners to undertake that task. The Court further stated that the only way that the municipality could shift the burden was by statute or ordinance. It took the Connecticut General Assembly 44 years to heed the Court’s advice and, in 1981 it adopted a statutory provision which allows a town to shift the liability to the abutting property owner. See §7-163a C.G.S.

                 Many towns have adopted this provisions, and, as such, property owners in towns that have adopted the provision, whose property abuts the public sidewalk, will be held liable in the event that someone falls on the sidewalk which runs along their property, if the property owner did not properly maintain the sidewalk for public use. It should be noted, however, that some towns only impose a fine or penalty upon the abutting property owner for failing to keep the sidewalk clear of snow and ice. For those lucky people who live in those towns, that Court has ruled that simply imposing a fine or penalty upon the abutting property owner for not clearing the snow or ice, will not trigger a transfer of liability to the abutting property owner and the town would be the entity that is liable if someone is injured as result of falling on an ice or snow covered sidewalk.  The town must specifically adopt the provisions of §7-163a C.G.S. to have successfully relieved itself of liability.

                 The moral of the story is, know your town’s local laws. Just about every town has its ordinances online. But regardless of whether liability is with you or the town, be nice to your neighbors and clear the snow from the sidewalks, it makes walking the dog so much easier.

                 For more information on this, and other legal issues, please contact me at ben@protolawfirm.com

- See more at: http://protolawfirm.com/lawyer/2015/02/09/real-estate/WHO-PAYS-WHEN-SOMEONE-FALLS-ON-THE-ICE-OR-SNOW-COVERED-SIDEWALK_bl17697.htm#sthash.70ShwZE3.dpuf

Is Smart Technology Part of Your Home?

The integration of technology is increasingly common in newer construction. As "smart-homes" are becoming more and more popular,  homeowners as well as homebuyers are beginning to grow accustomed to these types of features, and in some cases- already expect it.

HGTV reported 46 percent of consumers see smart-home technology as important for their current and future residences, however luxury homebuyers are willing to make the ultimate sacrifice. According to Digital Interiors, 94 percent of buyers surveyed would sacrifice 1,000 square feet of living space for more technology in their new home. Oversized houses are no longer the driving trend in the luxury real estate market and agents are under pressure to respond to the demand. Here’s what affluent homebuyers are looking for and which gadgets are must-haves.

Get a Smart Thermostat

Outfit your listings for luxury with smart-home additions like a smart thermostat. The Nest programs itself based on your preferences and can adjust whenever you leave to conserve energy. Your clients can control the system right from their smartphones. Owners can warm up the living room before an evening entertaining clients. Talk about how they can jet set to their vacation home and simply check-in on their property as needed. The idea behind a smart thermostat is really about controlling the overall climate of the home as opposed to an exact temperature.

Enhance your Home Surveillance

Home security systems have always dabbled in the high-tech world of smart automation. In the past, most alarms simply triggered an annoying sound and contacted the police at signs of danger.

Today, home security cameras keep an eye on the inside and outside of the home with wireless cameras. A wireless camera system can be mounted to the wall or ceiling and monitored remotely. Home buyers are sure to be wowed by its sleek and discreet design. Some home security companies, like Lorex Technology, even offer subscription-free monitoring options, yet another attractive feature for potential buyers.

New owners can keep an eye on their home from vacation, at work or on a spontaneous outing without worry.

Go High-Tech Culinary

Updating a kitchen has always been a recommended way to raise a home’s price tag and attract buyers. But affluent home shoppers are looking for more than just new appliances and chef’s kitchens. The latest technology trends include no-touch faucets and smart refrigerators that can alert you when you’re running low on groceries. The LG model features an internal camera to check on its contents, built-in Wi-Fi to connect to your mobile device and offers available accessories that can be 3-D printed. Other high-tech touches like Bluetooth smart cooking thermometers tell your mobile device when your food is ready to create perfect dishes every time.

Upgrade your Luxury Entertainment

Just about every home has a flat-screen television; some piped for surround sound and home theaters. Let your clients take entertaining to a new level by controlling everything from one device like Savant. Your clients can adjust the lighting, change the channel on your smart TV and turn on music. A system like Savant can also help monitor your home’s security and adjust the climate as needed. While clients are getting ready upstairs for an evening with friends, they can adjust the entertainment area and living room downstairs to create a luxurious atmosphere.

Written by Realty Times Staff

Buying or Selling a Home in Fairfield County?  Contact us!

If you have a question about buying or selling Real Estate in  Fairfield County, and are in need of representation, I invite you to contact me. I know the market like the back of my hand, know marketing inside and out, am a skilled negotiator- and I'd love to be on your side :) - Judy

Search for properties on any of our sites, or get the very best visibility available for your home. Visit us online wherever you like: Find out more about Judy here

www.CThomesAndRealEstate.com      www.TheCTrealtyBlog.com     www.TheCTRB.com    and   www.CTfeaturedHomes.com 

 Email us or  call Toll Free (855) GET-JUDY

How to Prevent Water Damage Inside of Your Home

Prevention through investigation is the first defense against water damage. Here are some basics on preventing water damage and its effects:

Washing machine hoses should be regularly checked for leaks. Both the hoses and connections, and the valves should be examined. Even a small drip when the machine is filling can cause major water damage and conducive conditions for insect infestations over time, so any leaks should be repaired immediately. If the laundry room is located on the main floor or above, damage to the floor and ceiling below can be expected too.

Those metal hoses everybody is always touting as the best? Actually in our experience, among the least reliable. The washing machine moves during the spin cycle – a lot. So the hoses move too, and the hose is made of rubber. Metal rubbing on rubber doesn’t mix. Find a high quality rayon hose with brass couplings. Wrap the threaded connections with Teflon plumbers tape; insert a quality washer and tighten securely.

Always turn the water valves off between wash loads. What isn’t on, can’t leak. It’s that simple. I know a lot of people see that as hard to remember and if the valves are difficult, just a pain in the neck. So is a flood. If your valves are in poor shape, call a plumber and get them replaced with a single lever mixing valve. Easy to use and if installed right in sight, they’re easy to remember too. Ok, you don’t want to do all that? Fine. Just look at the valve and hose connection when you start a load and make sure you don’t see even a drop of water leaking.

Water heaters are also prone to leaks, especially after too many years of use past a rated service life. Did you know that some water heaters have as short a service life as six years? It’s true and they are one of the most commonly installed water heaters we see! We joke around that plumbers are very social fellows and they like to see you often, so they sell you a six year rated tank so they can come over more often. Seriously, they’re the cheapest tank, so of course lots of them are installed, and lots of them leak! When you replace a tank make sure you insist on a 10 or 15 year rated tank. Well worth the minimal extra investment.

When the tank is replaced, the very old, gate style water shut-off valve is often left in place. Again, well worth the small extra investment to request that the plumber install a brand new ball-style shut-off valve with the tank to prevent leaks.

Next up is the dishwasher drain line usually located under the kitchen sink. It’s connected with a radiator clamp that can come loose because it too moves around when water is pumped through it. The easiest way to check for leaks is to get a little organized. Pull everything out of the kitchen sink cabinet. You’ll be surprised at what you may find. Who knew you had a dozen sponges under there? Is the bottom of the cabinet wet? If so, you may have a leak – look further with the dishwasher on; then with the kitchen faucet, and then with the sink spryer. Be patient – you’ll find it.

Self-piercing saddle valves are a very common source of water leaks. Those are those funny looking little valves that appliance installers use to hook up the ice maker supply line; or the water supply for your whole house humidifier. They’re junk. Get a plumber and have them do the job right with a real shut-off valve that can be counted on for years of trouble-free service.

It’s too late now, but a full gutter in winter is an ice dam just waiting to happen. Make sure you clean your gutters in the early winter after all of the leaves have fallen. Downspouts should be extended to drain at least four or more feet away from the home's foundation to prevent basement water intrusion.

Your dad taught you not to go looking for trouble because you’d find it. He was right, but he didn’t mean in your own house. Now that you know where to go, have a look and see if trouble is lurking.

Article courtesy of David R. Leopold, ACI

 David Leopold
146 Coleman Road
Fairfield, CT 06825
tel: 888-801-7111
fax: 203-374-4564
David.Leopold@pillartopost.com

www.pillartopost.com

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Buying or Selling a Home in Fairfield County?  Contact us!

If you have a question about buying or selling Real Estate in  Fairfield County, and are in need of representation, I invite you to contact me. I know the market like the back of my hand, know marketing inside and out, am a skilled negotiator- and I'd love to be on your side :) - Judy

Search for properties on any of our sites, or get the very best visibility available for your home. Visit us online wherever you like: Find out more about Judy here

www.CThomesAndRealEstate.com      www.TheCTrealtyBlog.com     www.TheCTRB.com    and   www.CTfeaturedHomes.com 

 Email us or  call Toll Free (855) GET-JUDY

Coldwell Banker "Home For Dogs" Project - Looking for 20,000 Homes

I am proud to be affiliated with a  company who also cares about animals. This year's goal is to find homes for 20,000 animals.  For over 100 years, Coldwell Banker has helped people find their next home, and now the mission extends to man's best friend. We've teamed up with Adopt-a-Pet.com, North America's largest non-profit pet adoption website, to help adoptable dogs and cats find a loving home. 

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This Week's Edition of National Real Estate News 2/17/2015(Video)

This week's national real estate news update - job growth, five best and worst home improvements, how to hire a handyman.  Click here to see our video, with even more info- including which mortgage loan to choose, remodeling tips and more.

 Click here for this months newsletter and our video news channel.

Buying or Selling a Home in Fairfield County?  Contact us!

If you have a question about buying or selling Real Estate in  Fairfield County, and are in need of representation, I invite you to contact me. I know the market like the back of my hand, know marketing inside and out, am a skilled negotiator- and I'd love to be on your side :) - Judy

Search for properties on any of our sites, or get the very best visibility available for your home. Visit us online wherever you like: Find out more about Judy here

www.CThomesAndRealEstate.com      www.TheCTrealtyBlog.com     www.TheCTRB.com    and   www.CTfeaturedHomes.com 

 Email us or  call Toll Free (855) GET-JUDY