The case that I chose to discuss that involves real properties is Burbach v. Canwest Investments, LLC. The name of the court that heard this case was the district court and they dismissed the case, which the plaintiff Ms. Burbach appealed and then was heard by the Colorado appeals and the decision was announced on December 24, 2009. The defendant was CanWest Investments, LLC. When Ms. Burbach walked on a public sidewalk located close to a property owned by Canwest Investments and became injured when she slipped and fell on the snow and ice that had built up on that sidewalk. She stated that Canwest had violated the city ordinance that requires owners to clear their sidewalks of snow and ice. Canwest stated that they had no duty to clear a public sidewalk, so it did not owe duty of care to Ms.burbach.
According to Colorado Bar Association (2009), “Ms. Burbach brought this premises liability action against Canwest alleging that she was injured when she slipped and fell on snow and ice that had naturally accumulated on a public sidewalk adjacent to property Canwest owned” (para.2 ). Although the ordinance for the city does require a property owner to clear the sidewalk adjacent to that owner’s property, it will be for the benefit of the entire community. The ordinance does not make a public sidewalk into the property of an adjacent property owner in the case of snow removal. The property owner can be cited by the city for failing to keep the sidewalk clear, but it is not liable for each person who decides to walk down that sidewalk.
According to Find Law for Legal professionals (2010), “As noted, under Colorado common law, an owner of property adjacent to a public sidewalk does not have a duty to pedestrians to keep the sidewalk reasonably clear of naturally accumulated snow and ice” (para.6). The court of appeals upheld the original ruling that Canwest was not liable because the sidewalk that the plaintiff slipped and fell on was public property and was not owned by Canwest. According to Find Law for Legal professionals (2010), “Though Denver's snow removal ordinance imposes on property owners an obligation to remove snow and ice from adjacent public sidewalks, it does not convey any legal interest in the sidewalks to the adjacent property owners” (para.17).
When she slipped and fell on a sidewalk that had accumulated snow built up on it that happened to be adjacent to the property owned by Canwest Ms. Burbach argued simply that CanWest