Town of Rocky Hill, CT Article III Municipal Liability

[Adopted 6-3-1985 by Ord. No. 125-85]

§ 212-8 Adoption of statute.

The provisions of Section 7-163a of the Connecticut General Statutes are hereby adopted and are set forth in §§ 212-9 and 212-10 hereof.

§ 212-9 Liability for injury.

Notwithstanding the provisions of Section 13a-149 of the Connecticut General Statutes or any other general statute or special act, the Town of Rocky Hill 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 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 shall be liable for its affirmative acts with respect to such sidewalk.

§ 212-10 Liability of abutting property owners.

A. 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 chapter adopted pursuant to the provisions of Public Act No. 81-340[1] and shall be liable to persons injured in person or property where a breach of said duty is the proximate cause of said injury.

[1] Editor's Note: See C.G.S.§ 7-163a.

B. 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.