Carroll v. Jobe

In Carroll v. Jobe, 638 N.E.2d 467, 470 (Ind. Ct. App. 1994) the court considered whether a city ordinance that places responsibility for the maintenance of public sidewalks on the abutting landowners also creates a duty imposing liability for any pedestrians injured on the sidewalk. See id. at 468. The city ordinance the court had to interpret, an ordinance substantially equivalent to Ordinance 23-1.6, states in relevant part: (A) The responsibility for care, maintenance, and repairs of sidewalks located within the city is hereby deemed that of landowners abutting any sidewalk. (B) Landowners whose land abuts any sidewalk shall keep the sidewalk in reasonably safe condition, and shall maintain and repair the sidewalk at their own expense as and when needed, and also within 30 days after being notified by the Board of Public Works and Safety that the sidewalk is in need of repairs. Id. The Carroll court answered the question presented in the negative, concluding that by enacting the ordinance the city intended to impose a duty upon the landowner in favor of the city, but not upon the landowner in favor of pedestrians. See Carroll, 638 N.E.2d at 469-70. The court reasoned that the city has the primary responsibility for maintaining public sidewalks, and that the ordinance was designed to assist the city in discharging its responsibility. See id. The ordinance was intended to benefit the city, and not pedestrians, and so the court dismissed the plaintiff's negligence per se claim. See id. In the absence of an express mandate from the legislature imposing tort liability, the court concluded that a statute requiring an abutting property owner to maintain a public sidewalk does not create a duty to pedestrians. See id. at 470. In support of its statement that the foregoing represented the majority rule, the court cited an A.L.R. annotation, the pertinent sections of both major legal encyclopedias, and cases from ten jurisdictions. See id. In contrast, three jurisdictions were cited for having an opposite rule, but only one of them actually ruled on the issue presented for us today. See id.