Fairfield, CT Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)
Key Facts
- Governing section
- Fairfield Town Code § 91-27
- Town's default liability
- None, unless Town owns abutting land
- Responsible party
- Owner/occupant abutting the sidewalk
- State law basis
- C.G.S. §§ 7-163a, 13a-149
- Suit deadline
- 2 years from date of injury
Summary
In the Town of Fairfield, the Town disclaims liability for sidewalk defects, obstructions, ice or snow unless it owns the abutting land; instead Fairfield Town Code § 91-27 places that duty of care on the property owner or occupant whose land abuts the public sidewalk.
Notwithstanding the provisions of Section 13a-149 of the General Statutes or any other state statute or special act, the Town of Fairfield shall not be liable to any person for injury or damage to persons or property caused by defects and obstructions and/or the presence of ice and snow on a public sidewalk unless the Town is the owner or person in possession and control of land abutting such sidewalk, other than land used as a public highway or public street, provided that the Town shall be liable for its affirmative acts with respect to such sidewalk. ... The owner or person in possession and control of land abutting a public sidewalk shall have the same duty of care with respect to any defects and obstructions and/or the presence of ice and snow on the sidewalk toward the portion of the sidewalk abutting his property as a municipality had prior to the adoption of Section 13A-149 of the General Statutes and shall be liable to persons injured in person or property where a breach of said duty is the proximate cause of said injury.
Full Breakdown
Article V of Chapter 91, Streets and Sidewalks, titled Limitation on Liability, sets out who answers for the condition of a Fairfield sidewalk. Section 91-27.A tracks C.G.S. § 13a-149 to say the Town is not liable for injury or property damage caused by defects and obstructions, or by ice and snow, on a public sidewalk unless the Town itself owns or controls the abutting land (other than land used as a public highway or street); the Town remains liable only for its own affirmative acts on that sidewalk.
Section 91-27.B then places the corresponding duty of care on the private side: the owner or person in possession and control of land abutting a public sidewalk carries the same duty of care for defects, obstructions, ice, and snow on the portion of sidewalk fronting their property that the municipality itself carried before the Town adopted this ordinance under C.G.S. § 7-163a, and that owner is liable to anyone injured where a breach of that duty is the proximate cause. This is a duty-of-care and liability-shifting provision rather than a permit or inspection scheme; it works together with § 91-2's 24-hour snow-and-ice clearance rule and the town's separate Article III permit system for actually constructing or replacing curbs, walks, and driveway aprons, which the Director of Public Works oversees. Any personal-injury lawsuit arising from a breach of this duty must be filed within two years of the date the injury was first sustained.
Violations & Fines
Chapter 91 does not set a separate criminal fine for a breach of the § 91-27 duty of care; instead, an abutting owner who breaches that duty and proximately causes an injury is exposed to civil liability, and a lawsuit for that injury must be brought within two years of the date of injury under § 91-27.B(1).
Frequently Asked Questions
Who is responsible for a cracked or broken sidewalk in Fairfield?
Can I sue the Town of Fairfield if I trip on a broken sidewalk?
How long do I have to file a claim after a sidewalk injury?
Does this section also cover snow and ice, not just physical defects?
Sources & Official References
Other rules in Fairfield
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