371 A.2d 274 | R.I. | 1977
This is a civil action to recover for injuries sustained by the plaintiff who tripped and fell because of an alleged defect in a public sidewalk in front of the defendants’ premises. It is founded upon the erroneous notion that an owner or occupant of land owes the public a duty to keep an abutting public sidewalk in good repair and condition. Our law does not impose that obligation. Therrien v. First Nat’l Stores, Inc., 63 R.I. 44, 49, 6 A.2d 731, 733 (1939); Sneeson v. Kupfer, 21 R.I. 560, 561, 45 A. 579, 579 (1900). This is not to say that a landowner or occupant will escape liability if the defect responsible for the fall was caused by the fault of the owner or occupant, Sneeson v. Kupfer, supra at 561, 45 A. at 579, or if
There being no genuine issue of material fact and the defendants being entitled to judgment as a matter of law on the facts submitted, summary judgment was properly entered. Accordingly, the plaintiff’s appeal is denied and dismissed, and the judgment appealed from is affirmed.