Liability of Owner for Repairs
A residential property owner owes no duty to the public to repair a sidewalk which is in a state of disrepair by reason of normal wear and tear or by reason of the elements such as rain, snow, frost, and the like. Nor is mere failure fully to correct the old condition a sufficient basis for liability.
Where, however, the owner attempts to make repairs to correct some defect therein for which he is not responsible, he becomes responsible if he makes the repairs negligently and thereby causes the sidewalk, after the repairs, to be more dangerous than before or if he causes a new hazard, different from the old.
Residential owner has no duty to maintain sidewalk at base of residential driveway where the deterioration occurred over time merely due to long-term residential traffic.
Where the abutting owner, although not obligated to construct a sidewalk, does so in such a manner that it is hazardous to pedestrians, it is a public nuisance and the owner is liable. An owner, attempting to repair an existing sidewalk, or to correct some defect therein, may create a nuisance and be responsible if the sidewalk, after the attempt to repair or correct is more dangerous than before, or the new hazard is different from the old.