When a person suffers injuries as a result of a slip and fall on negligently maintained property, it is important to establish who is responsible to maintain the property that caused the slip and fall.
In the recent decision Gilmore v. Powers, the Illinois Appellate Court determined that homeowners are not responsible for injuries on public property abutting their house, even if the homeowners maintained the property by cutting grass, watering, spreading salt on the property. The plaintiff in this case was a mover that was helping the property owners move their belongings from California to their home in Evanston, Illinois. As the moving company was finishing its work, one of the movers fell on a stone walkway which straddled the city-owned parkway in front of defendants’ house.
The mover sued the homeowners for negligence claiming that the homeowners should have maintained “their property” in a condition that was safe for people such as herself. The mover specifically asserted that the homeowners violated this duty by failing to inspect “their property” for hazardous conditions, permitting the walkway to remain in a dangerous condition, failing to fix the walkway after becoming aware of its dangerous condition, and failing to properly maintain the walkway on the property.