Who Pays When Someone Falls on Your Icy or Snowy Sidewalk?

This is not as cut-and-dry as you might think it is, and it is one scary proposition if and when it occurs to you.

Mother nature has once again decided to remind of us what a true—eh, mmm, how can I say this --- not so nice lady she can be, by dumping more snow and ice on our streets, driveways, yards and sidewalks. It’s those pesky snow and ice covered sidewalks that send people flying and falling and getting hurt that cause so many problems and light up lawyers’ eyes.

What is the liability of a property owner, whose property abuts a public sidewalk, when someone slips and falls on a snow or ice covered sidewalk. The Connecticut Supreme Court, in November, 2014, in a case coming from the town of Enfield, Robinson v Cianfarani, 314  Conn 521 (2014), had the opportunity to again discuss the issue of liability as it relates to property owners when a person falls on an ice and snow covered sidewalk.

The Court relied upon its 1937 decision, Willoughby v New Haven, in which it stated that it is the sole responsibility of the municipality to keep its public streets (which includes sidewalks) reasonably safe and that it is not the duty of private property owners to undertake that task. The Court further stated that the only way that the municipality could shift the burden was by statute or ordinance. It took the Connecticut General Assembly 44 years to heed the Court’s advice and, in 1981 it adopted a statutory provision which allows a town to shift the liability to the abutting property owner. See §7-163a C.G.S.

Many towns have adopted this provisions, and, as such, property owners in towns that have adopted the provision, whose property abuts the public sidewalk, will be held liable in the event that someone falls on the sidewalk which runs along their property, if the property owner did not properly maintain the sidewalk for public use. It should be noted, however, that some towns only impose a fine or penalty upon the abutting property owner for failing to keep the sidewalk clear of snow and ice. For those lucky people who live in those towns, that Court has ruled that simply imposing a fine or penalty upon the abutting property owner for not clearing the snow or ice, will not trigger a transfer of liability to the abutting property owner and the town would be the entity that is liable if someone is injured as result of falling on an ice or snow covered sidewalk.  The town must specifically adopt the provisions of §7-163a C.G.S. to have successfully relieved itself of liability.

The moral of the story is, know your town’s local laws. Just about every town has its ordinances online. But regardless of whether liability is with you or the town, be nice to your neighbors and clear the snow from the sidewalks, it makes walking the dog so much easier.

Article courtesy of Benjamin S. Proto, Attorney at Law

If you have any questions, please feel free to email  Fairfield County Real Estate Attorney Ben Proto at ben@protolawfirm.com.  Call him at (203) 378-9595 or find Ben online at  www.protolawfirm.com

*****************************************

Buying or Selling a Home in Fairfield County?  Contact us!

If you have a question about buying or selling Real Estate in  Fairfield County, and are in need of representation, I invite you to contact me. I know the market like the back of my hand, know marketing inside and out, am a skilled negotiator- and I'd love to be on your side :) - Judy

Search for properties on any of our sites, or get the very best visibility available for your home. Visit us online wherever you like: Find out more about Judy here

www.CThomesAndRealEstate.com      www.TheCTrealtyBlog.com     www.TheCTRB.com    and   www.CTfeaturedHomes.com 

 Email us or  call Toll Free (855) GET-JUDY

WHO PAYS WHEN SOMEONE FALLS ON THE ICE OR SNOW COVERED SIDEWALK?

                 Mother nature has once again decided to remind of us what a true—eh, mmm, how can I say this --- not so nice lady she can be, by dumping more snow and ice on our streets, driveways, yards and sidewalks. It’s those pesky snow and ice covered sidewalks that send people flying and falling and getting hurt that cause so many problems and light up lawyers’ eyes.

                 What is the liability of a property owner, whose property abuts a public sidewalk, when someone slips and falls on a snow or ice covered sidewalk. The Connecticut Supreme Court, in November, 2014, in a case coming from the town of Enfield, Robinson v Cianfarani, 314  Conn 521 (2014), had the opportunity to again discuss the issue of liability as it relates to property owners when a person falls on an ice and snow covered sidewalk.

                 The Court relied upon its 1937 decision, Willoughby v New Haven, in which it stated that it is the sole responsibility of the municipality to keep its public streets (which includes sidewalks) reasonably safe and that it is not the duty of private property owners to undertake that task. The Court further stated that the only way that the municipality could shift the burden was by statute or ordinance. It took the Connecticut General Assembly 44 years to heed the Court’s advice and, in 1981 it adopted a statutory provision which allows a town to shift the liability to the abutting property owner. See §7-163a C.G.S.

                 Many towns have adopted this provisions, and, as such, property owners in towns that have adopted the provision, whose property abuts the public sidewalk, will be held liable in the event that someone falls on the sidewalk which runs along their property, if the property owner did not properly maintain the sidewalk for public use. It should be noted, however, that some towns only impose a fine or penalty upon the abutting property owner for failing to keep the sidewalk clear of snow and ice. For those lucky people who live in those towns, that Court has ruled that simply imposing a fine or penalty upon the abutting property owner for not clearing the snow or ice, will not trigger a transfer of liability to the abutting property owner and the town would be the entity that is liable if someone is injured as result of falling on an ice or snow covered sidewalk.  The town must specifically adopt the provisions of §7-163a C.G.S. to have successfully relieved itself of liability.

                 The moral of the story is, know your town’s local laws. Just about every town has its ordinances online. But regardless of whether liability is with you or the town, be nice to your neighbors and clear the snow from the sidewalks, it makes walking the dog so much easier.

                 For more information on this, and other legal issues, please contact me at ben@protolawfirm.com

- See more at: http://protolawfirm.com/lawyer/2015/02/09/real-estate/WHO-PAYS-WHEN-SOMEONE-FALLS-ON-THE-ICE-OR-SNOW-COVERED-SIDEWALK_bl17697.htm#sthash.70ShwZE3.dpuf

Now is the Time to Appeal Your Property Assessment

It’s that time again,.... local property tax assessments. Many communities saw a decrease in property values, which will mean, in many cases, an increase in the mill rate.

Connecticut assesses property, for property tax purposes, at 70% of fair market value, as determined by the tax assessor. By way of example, if the tax assessor determines that your property has a fair market value of $250,000.00 the assessment for property taxes would be $175,000.00 ($250,000.00 x 70%). The mil rate, which is set by the local legislative body, would then be applied to the assessed value, in this example $175,000.00. Assuming the mil rate is 30 mils, the property assessed at $175,000.00 would pay an annual real property tax of $5,250.00 ($175,000.00 x .030).

If you believe that your assessment is too high, you have certain rights, but, you must follow strict time frames.  The local tax assessor must certified the municipality’s grand list to the State of Connecticut by January 31, 2015. If you wish to appeal your assessment, you may do so by filing with the local Board of Assessment Appeals, (BAA) an appeal not later than February 20, 2015. You must file the appeal on a form prescribed by the tax assessor. This form is available on most town websites at the tax assessor’s page, or by going to the tax assessor’s office.

At the appeal hearing, you will meet with a member of the Board of Assessment Appeal, this is a resident of your town, who has been appointed by the local legislative body, ie Town Council, Board of Aldermen, RTM, etc, to sit on the BAA and hear appeals. This person may (and usually does not) have any background in the area of property valuation.

In order to make a cogent case as to why you believe the valuation given to your property is incorrect, you will need to tell the BAA member more than, I think it is too high.  Look for property sales in your neighborhood, you can check websites, such as  Zillow.com or realtor.com to find comparable values. In addition, must town’s assessment records are online at the tax assessor’s page of the town’s website.  Look at your neighbor’s assessments. Do they have more or less square footage than your house, more or fewer bathrooms or bedrooms? Finished vs unfinished basements, acreage, wetlands, etc all go into determining value.  The best piece of information you can have, but will cost you, is a property appraiser done by a certified appraiser. I would not recommend this unless you believe the savings in annual taxes for the first year would more than outweigh the cost of the appraisal.

Once you have the information, being cognizant of your hearing date, go to the hearing prepared. Please be respectful of the member you meeting with, he or she hears a lot of appeals and many people do not treat their neighbors, who are serving the town, nicely. Remember, this person did not set your valuation, they are only there to determine if, with the evidence presented in a short time frame, they agree with you that the assessment should be reduced.  You will not get a decision before you leave, as the entire membership of the BAA must vote on the recommendation of the member who heard your appeal. You will be notified by mail as to the outcome.

If you still think that your assessment is still too high after your hearing, you have the right to appeal the decision of the BAA to Superior Court.

Article courtesy of Benjamin S. Proto, Attorney at Law

If you have any questions regarding this process, please feel free to email  Fairfield County Real Estate Attorney Ben Proto at ben@protolawfirm.com.  Call him at (203) 378-9595 or find Ben online at  www.protolawfirm.com

*****************************************

Buying or Selling a Home in Fairfield County?  Contact us!

If you have a question about buying or selling Real Estate in  Fairfield County, and are in need of representation, I invite you to contact me. I know the market like the back of my hand, know marketing inside and out, am a skilled negotiator- and I'd love to be on your side :) - Judy

Search for properties on any of our sites, or get the very best visibility available for your home. Visit us online wherever you like: Find out more about Judy here

www.CThomesAndRealEstate.com      www.TheCTrealtyBlog.com     www.TheCTRB.com    and   www.CTfeaturedHomes.com 

 Email us or  call Toll Free (855) GET-JUDY

Connecticut Homeowners: Keep Your Basement Dry With a Sump Pump

Many homeowners tackle the problem of a wet basement and water damage by using a sump pump – a small pump stationed in a home’s basement that sends water out to a more acceptable location, like a sloped backyard or a municipal storm drain. Sump pumps are typically housed in a basement’s sump pit, or sump, a reservoir for excess groundwater and rainwater.

The principles at work are pretty simple: rather than keeping water out completely, a sump pump system controls how water gathers beneath your home, then pumps it out after it’s collected.

If you’ve explored other ways of keeping your basement dry – examining the grading around your home and repairing any noticeable leaks or broken pipes – and are still having trouble, it might be time to consider a sump pump.

Remember, sump pumps don’t prevent water from accumulating, but they can go a long way in controlling water in your basement. Either way, your possessions stay dry, and that’s the point.

Many homes have sump pits built right into the basement floor. If this is the case, all you’ll need is the pump itself. If your home is not equipped with a sump pit, a drain expert or contractor should be able to tell you if it’s possible to retrofit your basement.

Types Of Sump Pumps

There are three types of pumps used in basements or crawl spaces:

•Pedestal Sump Pump: Also referred to as a “column type” or “upright” sump pump, the pedestal sump pump has an open motor that is supported on top of a column attached to the pump casing. When installed, the motor sits outside the sump and above the basement floor. The motor is not designed to be submerged in water.

•Submersible Sump Pump: This pump uses a watertight motor designed to be immersed in water, and will typically kick into action when it senses that it’s become submerged. The motor is coupled directly to the pump casing and is designed to be completely hidden within the sump.

•Water-Powered Sump Pump: Water-powered sump pumps are generally much less powerful than pedestal or submersible pumps, but may have some advantage: They run on city water pressure instead of electrical power. However, because they require significant water pressure to function efficiently, they often can’t be used if your city water pressure is low or limited, or if your house gets its water from a private well.

A Working System

So what does a functioning sump pump system look like? There are usually three key pieces:

•A Primary Pump

•An Emergency Backup Pump (Battery- or Water-Powered)

•An Emergency Backup Pump Alarm

Because homes sometimes lose power during thunderstorms – just when an operational sump pump is critical – many pumping systems employ a backup pump. Emergency battery backup pumps work when the power goes out, when the primary pump does not remove the water fast enough, or if the primary pump fails.

In this setup, primary pumps are powered with electricity, and backup pumps are battery- or water-powered. Using two pumps instead of one makes it unlikely that both pumps will malfunction at the same time. And with the alarm system, you’ll be able to tell when the primary pump has failed and the backup pump has to be used.

Is A Sump Pump Right For You?

Installing a new sump pump system – especially if your basement doesn’t already have a built-in sump pit – is an extensive, complex job. Make sure you consult with a plumbing expert.

And to find out more about particular pumps for your basement, or to check if a certain pump is certified, consult the Sump & Sewage Pump Manufacturers Association.

This list is not meant to be a complete list nor does it imply that State Farm has tested these products for performance. State Farm neither endorses nor guarantees the performance of these companies or their products. Check with your contractor, local building official, the product manufacturer, or supplier to find the appropriate device for your situation. Purchasing a sump pump does not trigger policy provisions.

Article submitted by Brennan Purdy of State Farm Insurance

My vision is to be an insurance professional whose actions are driven by keeping the customer's best interest as my primary goal. My staff will treat all my customers in a caring, friendly, and professional manner. My office will provide warm, efficient, and seamless services to our customers at all times. I expect my business to be comprised of knowledgeable, multiple-line customers who see my office as their first and best choice for all their insurance and financial service needs

For more information on these and other home safety tips, stop by my office or visit www.brennanpurdy.com. My office is conveniently located in downtown Bethel. 203-798-7300.                   211 Greenwood Avenue , Bethel, CT 06801

And a note From Judy: If you have a question about buying or selling Real Estate in Fairfield County, and are in need of an Realtor to represent you, I invite you to contact me, and if you have an idea for a topic that you would like to see on The CT Realty Blog, please include it in the "Post a Comment" section link below this post. We appreciate the feedback and look forward to providing you with the best real estate content, advice and service in Fairfield County, Connecticut.

Housing and Urban Development (HUD) Help for Struggling Connecticut Homeowners

Struggling with your mortgage payments and want to avoid foreclosure?

You can benefit by the information found at the Housing and Urban Development website (HUD) — www.HUD.gov.

The site contains useful information covering a variety of topics, including:

1. Information on the home buying process
click here to view

2. Information on Rental Assistance
click here to view

3. Information on Avoiding Foreclosure
click here to view

4. Information on contacting a Foreclosure
Housing Counselor
click here to view

The weekly Tip-of-the-Week* is supplied by Only Closings --

a law firm devoted to real estate closings.

      - Our closing staff is made up of seasoned, experienced real estate attorneys.
      - Close where it is most convenient for the client (home, office, job or bank)
      - Very competitive closing fee and no hidden fees!
      - No fee consultations.
      - Personalized, responsive service from all of our attorneys and paralegals

  To learn more about Only Closings and how they can help you quickly close a property transaction, call them at 203-563-9677 or visit them online at www.OnlyClosings.com

*The content within the "Tip-of-the-Week" is strictly for informational purposes and not intended to be interpreted and/or used as legal advice. Only Closings and OnlyClosings.com is a service provided by Tamara L. Peterson Attorney at Law LLC.

And a note From Judy: If you have a question about buying or selling Real Estate in Fairfield County, and are in need of an Realtor to represent you, I invite you to contact me, and if you have an idea for a topic that you would like to see on The CT Realty Blog, please include it in the "Post a Comment" section link below this post. We appreciate the feedback and look forward to providing you with the best real estate content, advice and service in Fairfield County, Connecticut.

IMPORTANT: Connecticut Has a New Property Condition Disclosure Form

As of January 10, 2012, The Connecticut Commission of Consumer Protection has adopted a new Property Condition Disclosure Form. Click here to see the new form.

Under Conn. Gen. Statutes 20-327b the sellers of residential real estate are required to provide all buyers with a written disclosure report, unless the transfer is exempted under the statue.  If the seller fails to provide the report they shall give the purchaser a credit of $300.00 at closing.

The new form includes information regarding flood hazards, results of water tests, hazardous waste, village and historic districts and makes a number of clarifying and informative revisions to the previous form.

Make the best choice for your home purchase, sale and refinance closing needs.
Contact The Law Office of Only Closings! Visit our website at www.onlyclosings.com or call us at (203) 581-1712.

The weekly Tip-of-the-Week* is supplied by Only Closings --

a law firm devoted to real estate closings.

      - Our closing staff is made up of seasoned, experienced real estate attorneys.
      - Close where it is most convenient for the client (home, office, job or bank)
      - Very competitive closing fee and no hidden fees!
      - No fee consultations.
      - Personalized, responsive service from all of our attorneys and paralegals

  To learn more about Only Closings and how they can help you quickly close a property transaction, call them at 203-563-9677 or visit them online at www.OnlyClosings.com

*The content within the "Tip-of-the-Week" is strictly for informational purposes and not intended to be interpreted and/or used as legal advice. Only Closings and OnlyClosings.com is a service provided by Tamara L. Peterson Attorney at Law LLC.

And a note From Judy: If you have a question about buying or selling Real Estate in Fairfield County, and are in need of an Realtor to represent you, I invite you to contact me, and if you have an idea for a topic that you would like to see on The CT Realty Blog, please include it in the "Post a Comment" section link below this post. We appreciate the feedback and look forward to providing you with the best real estate content, advice and service in Fairfield County, Connecticut.