QUESTION
Can a municipality be held liable for car damage due to a pothole if they claim ignorance of the pothole?
Asked on Feb 15th, 2013 on Personal Injury - California
More details to this question:
After filing a claim with photos and repair estimates, I recently was rejected for $750 in damage to my vehicle that was due to a pothole in city jurisdiction. I am considering filing suit, but I want to make sure that my efforts will not be thwarted simply because the city claims not to have known about the pothole. To me, it is negligent maintenance - no different than me telling a highway patrolman that no one had told me my tail light was out. Thank you for your time and expertise.
6 ANSWERS
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
Normally, for the municipality to be liable for a dangerous road condition, the Municipality must be on notice that the condition exists.
Answered on Feb 18th, 2013 at 10:00 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
City governments are immune from liability. "The King can do no wrong" Google it and be still.
Answered on Feb 18th, 2013 at 8:21 PM
Ronald A. Steinberg
Yes, but you have to prove that it existed for more than 30 days.
Answered on Feb 18th, 2013 at 7:34 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
First off, before you can file suit, you must put the agency on notice of your intention to bring a claim pursuant to 768.28, F.S. Then you have to wait a designated time period (I think it might be 60 days, or 90 days) before you can file the lawsuit. Don't forget the burden of proof is on you to prove that they had knowledge of the pothole with significant advance notice so that the city should have fixed it in the exercise of due care.
Answered on Feb 18th, 2013 at 7:03 PM
James Eugene Hasser
No. You have to prove they knew it was there and they didn't do anything about it. So, whenever you see a menace such as a pot hole, put the City on notice in writing and keep a copy. Sorry.
Answered on Feb 17th, 2013 at 10:21 PM
It is not absolute liability and if the hole was relatively small you do have to show prior knowledge. Pot holes have become a way of life. Check the scene to see if there are any signs of the City having been three recently, such as repainted crosswalks, curbs. If it is a major street it may actually be a public highway subject to State control. Be sure to first file a claim with the municipality.
Answered on Feb 17th, 2013 at 10:03 PM