QUESTION
Can I take legal action against a Town for negligence?
Asked on Feb 20th, 2014 on Litigation - Alabama
More details to this question:
The town I live in approached me 20 some years ago to reroute drainage water to flow in front of my house via a 3-foot deep ditch. To make way for a new town building. I was promised that it would be rectified shortly. They have done nothing to rectify the situation in all this time. Every year about this time, I have to worry about flooding due to the fact that this ditch doesn't have the capacity to drain 30 acres of farm land. I had the Mayor of town out one night at 3:00 am to witness the amount of water flowing past my property. He informed me that the next town meeting he would bring up the flooding situation. It was decided they didn’t have the money to rectify the situation at the time. That was 3 years ago, still nothing. The town has spent thousands of dollars since then on cosmetic face-lifts. If someone were to fall into this ditch when it was flowing they would drown, children live nearby. This doesn't even take into consideration of the hardships I have endured trying to mow this ditch in the summer months. I'm getting upward in age and its getting more difficult every year. What is the prognosis Doc?
7 ANSWERS
Ronald A. Steinberg
You may have a suit for a nuisance trespass.
Answered on Feb 26th, 2014 at 4:48 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You might have a claim against the city but suing the city is big work. And whether somebody might drown is irrelevant. Don't let the emotions carry you away.
Answered on Feb 25th, 2014 at 4:46 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You may very well have a claim. I would advise you to review the land use codes for your city and you should probably enlist the services of an attorney to help you.
Answered on Feb 24th, 2014 at 8:33 PM
You may have a problem with the statute of limitations since it has been there fro twenty years, but you might be able to get around that by claiming it is a continuing nuisance which reoccurs every winter. The other problem is that the township may not be able to pay for the repair worked needed, so that they have t have a judgment entered against them. You would have to first file a claim against the township. You need to speak with a local land law planning attorney. Try to get them to ?erect some barrier to prevent someone from falling in.
Answered on Feb 24th, 2014 at 8:32 PM
Edwin K. Niles
There is a claim-filing statute that applies to governmental claims. You should see a lawyer ASAP.
Answered on Feb 21st, 2014 at 5:52 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In NY the statute of limitations on this is 10 years. I don't know what state you are in. A couple of items could use clarification: you say that you were promised that it would be rectified. Promised by whom? What, exactly would be rectified? You state that you were approached by the town to re-route drainage to flow in front of your house. Does that mean you gave them permission to put the ditch there? How was it supposed to be rectified? If this has been going on all this time, why didn't you deal with it before?
Answered on Feb 21st, 2014 at 5:39 PM
James Eugene Hasser
Yes, but the claim would probably be more for trespass and nuisance. Look for a good property lawyer.
Answered on Feb 21st, 2014 at 5:38 PM