No Ownership, No Control, No Causation

Postlewait illustrates the importance of identifying ownership, control, and causation when evaluating claims arising from an accident on a public sidewalk adjoining private property. An abutting landowner is not automatically responsible for every condition existing on a public sidewalk. A plaintiff must establish a legal basis for imposing a duty, including evidence that the landowner physically intruded into the public way or created or increased the alleged hazard.

Postlewait also demonstrates that evidence of an alleged code or ordinance violation does not, standing alone, establish liability. Even assuming a landowner violated an applicable ordinance, a claimant must still establish that the defendant owed a duty and that the alleged violation was a proximate cause of the claimant’s injuries. Postlewait reinforces that causation cannot rest on speculation. Where the evidence does not establish that an alleged condition caused or contributed to an accident, a plaintiff may be unable to establish a genuine issue of material fact sufficient to survive summary disposition.