Maine Revised Statutes

Me. Rev. Stat. tit. 23, § 3658 (2026)

Sidewalk accident; no town liability

✓ current as of May 2026
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No town is liable to an action for damages to any person on foot on account of snow or ice on any sidewalk or crosswalk nor on account of the slippery condition of any sidewalk or crosswalk.  
Notes of Decisions
Cited in 4 cases, 1995–2006 · leading case: Ms. K Ex Rel. S.B. v. City of South Portland, 407 F. Supp. 2d 290 (D. Me. 2006).
Ms. K Ex Rel. S.B. v. City of South Portland, 407 F. Supp. 2d 290 (D. Me. 2006). “23 M.R.S.A. § 3658. Plaintiff argues that Defendants’ actions fall under two exceptions to these statutory grants of immunity: 14 M.”
Pajor v. Town of Wallingford, 704 A.2d 247 (Conn. App. Ct. 1997). “” Me. Rev. Stat. Ann. tit. 23, § 3658 . Massachusetts statutes allow a maximum of $5000 to be recovered for injuries caused by a “defective way,” but no recovery is permitted if the only defect causing injury was snow and ice.”
Dickinson v. Town of Houlton, 669 A.2d 176 (Me. 1995). · cites it 3× “) dismissing her suit on the basis that 23 M.R.S.A. § 3658 1 (1992) grants immunity to the Town of Houlton for her damages resulting from a fall on an icy sidewalk.”
Bernard v. Town of N. Berwick (Me. Super. Ct 2004). · cites it 3× “Thus, the remaining question is whether Defendant’s purchase of liability insurance acts as a waiver of its immunity established under the Highway Defect Act.”
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