Birdsall v. Abrams

This slip-and-fall case raises two questions. First, does a landowner who clears a portion of a public sidewalk owe a duty of care to a pedestrian who falls on the uncleared portion? No. Ainey v. Rialto Amusement Co., 135 Wash. 56, 58, 236 P. 801 (1925). Second, does a city ordinance requiring landowners to clear the public sidewalks adjacent to their land or face possible jail time provide injured pedestrians with a tort action against violating landowners? It does not. Gardner v. Kendrick, 7 Wn. App. 852, 853-54, 503 P.2d 134 (1972). We therefore affirm the summary dismissal of Raymond D.…