June 18, 2019

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Strip Mall Owner Not Liable When Plaintiff Fell In A Pothole On Way To Store: Caracci v. Patel

Plaintiff fell in a pothole in a street on her way into a store in a strip mall owned by the defendants. However, the area where she parked was owned and maintained by another developer. Plaintiff asserted that the defendant appropriated the use of the street where she fell, and therefore, it should be liable. The trial court disagreed and entered summary judgment for the defendants.

The First District affirmed. A private landowner owes the duty of care to provide a safe means of ingress and egress to his property but does not owe a duty to insure safe conditions on a public roadway abutting the property. An exception is where the abutting landowner has assumed control of the roadway for its own purposes. There was no evidence of affirmative conduct on the part of the defendant preventing the public from using the roadway where plaintiff nor was it the sole means of ingress and egress to stores in the strip mall. Caracci v. Patel, 2015 IL App (1st) 133897.

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