Coral Gables has a city code requirement that requires homeowners to clean and maintain the sidewalks adjacent to their homes*. We represent a woman who sustained multiple injuries requiring surgeries due to a fall while walking on a sidewalk coated with black/green slime. The litigation was instituted against both the City of Coral Gables and the homeowner. The homeowner defended by claiming the city of Coral Gables owns the sidewalks and it is their responsibility to maintain them. The City of Coral Gables defended the suit by claiming it was the pedestrian’s fault for walking on a dangerous sidewalk. After a series of hearings and the filing of multiple briefs and memorandum of law, the Court granted the Plaintiff’s limited motion for summary judgment. The Judge has ruled, that as a matter of law, the homeowner undertook a duty to maintain the sidewalks in front of his home by voluntarily pressure cleaning, brushing and hosing. The jury will now decide if the homeowner breached that duty by failing to reasonably maintain the sidewalks. This important ruling basically means that if you are going to undertake a job or project, you have a responsibility to do it correctly. This case is being co-counseled with Michael Lotto, Esq. of The Ward Law Group.
* Chapter 62-151 Code of Ordinances