Can a community organization or property owner be sued if someone is injured because of a poorly maintained street sidewalk?
The state does not require property owners to maintain the street sidewalks in front of their property. Neighborhood sidewalks are built by DelDOT on DelDOT property, not private property. Anyone can be sued for anything, but courts have consistently ruled that property owners cannot be held liable for injuries or damage caused by poorly maintained sidewalks on DelDOT property. Sidewalks built on private property are an entirely different matter. If homeowners have any doubt about whether the sidewalk out front is on their property or is on the DelDOT right-of-way, they can check the Mortgage Inspection Survey they received when they purchased their home. Back to top.
