Nice to know that property owners, can be held 'legally and financially
responsible.. if someone falls and injures themselves' while walking on the
public sidewalk adjacent to the private property. Why then, isn't the city
held to a similar standard of liability when private vehicles slide and
collide on icy, poorly plowed/salted/sanded public roadways for which
private property owners and renters already pay taxes-- funds to keep our
roadways in good, safe condition? What's fair is fair I'd say. Where and
what constitute the burden of proof, the degree of responsibility, in
respective scenarios when someone is injured? How do circumstances unique
to the situation enter the equation? Why does the city enjoy a higher
burden of proof and waiver of liability (against them), relative to the
private property owner?
Next thing, we'll be seeing the personal injury lawyers association and the
automobile body repair unions developing partnering agreements, union plow
drivers threatening to go out on strike in January/February, and more
property taxpayers and insurance companies (and their customers) complaining
and protesting current laws and ill-management of existing city
infrastructure such as roads and sidewalks. Who is responsible for what?
Seems there should be more reciprocity in the overall structure of the
situation. The taxpayers and insurers (rate payers) are paying for inept
public management (a second time no less). The city should do a better job
of maintaining city infrastructure (like roads and sidewalks, alleys and
fire hydrants, sewer and water lines, trash collection, etc.), and adjacent
property owners should do a better job keeping sidewalks clear and trash
picked up. Property owners should also enjoy being held harmless for
pedestrian liability awards in excess of some reasonable fixed amount
(irregardless of private liability insurance), thus sharing total liability
with the city and the pedestrian-- after all, there is/or should be, a joint
responsibility for such accidents. Also, should the costs incurred by
personal property taxpayers (homeowners & non-business interests), as a
result of keeping public sidewalks clean & open, be considered a deductible
expense for tax purposes... or should it remain yet another unassessed
tax/fee received by local government? Just where does the buck stop?
Sounds like a discussion topic for the City Council and their attorneys. Any
comments from current or future CMs, or property owners or renters... or
shovelers with sore backs?
Michael Hohmann
13th Ward
- just another risk averse, disgruntled snow shoveler/ice chopper living in
the city... trying to stay upright on local walkways... as I bend to pick
up trash ten feet from a trash can... maybe that's why so many suburbs
don't have sidewalks?
> -----Original Message-In-Part----
> From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]On Behalf Of
> Barbara Lickness
> Sent: Monday, February 05, 2001 1:32 PM
> To: [EMAIL PROTECTED]
> Subject: [Mpls] Clearing your walkways
>
> [snip]
> ...it is more than just elderly persons that have a hard
> time getting around when we don't shovel...
>
> ...It is the inspectors that post the warnings and it is
> a complaint driven thing unless there is a crack down
> period for awhile.
>
> I believe the ordinance requires you have to have your
> sidewalk cleaned off to the cement. Adding sand and
> salt for traction is a good thing.
>
> And remember if someone falls and injures themselves
> on your sidewalk, you can be held legally and
> financially responsible.
>
> Barb Lickness
> Whittier
> Ward 6
>
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