A.
Notwithstanding the provisions of Section 13a-149
of the General Statutes or any other state statute or special act,
the Town of Fairfield shall not be liable to any person for injury
or damage to persons or property caused by defects and obstructions
and/or the presence of ice and snow on a public sidewalk unless the
Town is the owner or person in possession and control of land abutting
such sidewalk, other than land used as a public highway or public
street, provided that the Town shall be liable for its affirmative
acts with respect to such sidewalk.
B.
The owner or person in possession and control of land
abutting a public sidewalk shall have the same duty of care with respect
to any defects and obstructions and/or the presence of ice and snow
on the sidewalk toward the portion of the sidewalk abutting his property
as a municipality had prior to the adoption of Section 13A-149 of
the General Statutes and shall be liable to persons injured in person
or property where a breach of said duty is the proximate cause of
said injury. No action to recover damages for injury to the person
or to property caused by defects and obstructions and/or the presence
of ice or snow on a public sidewalk against a person who owns or is
in possession and control of land abutting a public sidewalk shall
be brought but within two years from the date when the injury is first
sustained.
