[Adopted BOS 6-8-1988]
Notwithstanding the provisions of C.G.S. § 13a-149
or any other General Statute or special acts, the Town of Cromwell
shall not be liable to any person injured in person or property caused
by the presence of ice or snow on a public sidewalk unless the Town
of Cromwell is the owner or person in possession and control of land
abutting such sidewalk, other than land used as a highway or street,
provided that the Town of Cromwell shall be liable for its affirmative
acts with respect to such sidewalk.
The owner or person in possession and control
of land abutting a public sidewalk shall have the same duty of care
with respect to the presence of ice or snow on such sidewalk toward
the portion of the sidewalk abutting his property as the municipality
had prior to the effective date of this article adopted pursuant to
the provisions of C.G.S. § 7-163a 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 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.
