Featured News 2014 Can You Sue a City for Negligence?

Can You Sue a City for Negligence?

It is possible to sue a municipality, but in order to file a personal injury claim against a city, you'd have to navigate a highly complex set of regulations, meet tighter deadlines, and face the possibility that the city will simply claim immunity from the accident. Keep reading to get a rundown of what it takes to file a negligence claim against a government entity or government staff in your city.

Notice of Claim: Your First Step

Let's say that you slip and fall on a deteriorating stairway leading to a local government building, or that an on-duty officer crashes into your car. In some states, before you can sue the city, you need to file a "Notice of Claim". The specifics of this claim will be guided by your state's laws, but usually speaking, you need to provide:

  • Names and contact info of every person in the incident
  • The locating, timing, and details of the accident
  • The details of your injuries
  • How much you want in financial damages

There may be a deadline for this action too, while some other states only say you need a notice of claim within a certain time frame before the lawsuit can be filed. If someone goofs up the notice of claim, their lawsuit could easily be dismissed. You need to be thoroughly aware of your state's laws on this matter. If you have to file a notice of claim after you've missed the deadline, you'll be faced with an uphill battle. You can team up with a lawyer, file that claim, and give your reasons for filing late.

The Personal Injury Lawsuit Itself

You might not reach this stage if the city is ready to settle with you, saving both you and the city a great deal of time. Usually speaking though, the city will deny your notice of claim. Then you can sue. Just as with any negligence lawsuit, you will need to prove:

  • The city had a duty of care
  • This duty was breached
  • This breach injured you
  • You're truly injured

You need all the proof you can get, witness testimony, pictures, medical records, and more.

When Cities Have Immunity

The first component of the negligence claim is a "duty of care". Through immunity, cities can sometimes claim that they did not have this duty toward you. Whether or not a city can employ immunity in their defense depends on your area's laws, and on the specifics of your case. For instance, a city may not have a duty of care to clear the sidewalk of snow in front of city hall. But if city hall knew that the snow concealed a hole, then the city might have had a duty of care after all. Again, if an on-duty officer is responding to an emergency when they hit a pedestrian, if that pedestrian was not in the crosswalk and had both earphones in, the officer could be cleared of having a duty of care. But if the pedestrian was hurt in a residential area and the officer didn't have the lights on when running through a stop sign, then there may have been a duty of care.

If one thing is clear about this complicated process, it's that local laws are going to be a huge factor in your case. You need to work with a professional whose job is to know the ins and outs of these often complex rules. As your case can expire, regardless of any other deadline your state may have, you need to act now. Find the personal injury attorney you need when you search our directory today!

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