A church that does not operate any commercial venture on its property is a non-commercial landowner and therefore has no duty to maintain the sidewalk abutting its property. To prevail in her claim against the church, she had the burden to prove that the church had a duty to maintain the sidewalk upon which she fell.
Some courts examine the nature of the ownership while others consider the use of the land.
Further, the nature of the organization or individual that owns the property will determine its classification. Nonetheless, when a landowner is using its property solely for charitable and religious purposes, the character of the landowner is irrelevant and courts focus on the use of the property. All rights reserved.