Can I sue city for bad road work?
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Can I sue city for bad road work?
I had a wreck due to bad road work causing damage to my car and time off work can I file a lawsuit against the city
Asked on August 17, 2016 under Accident Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Possibly, but not definitely.
To recover compensation, you would need to be able to show:
1) Causation: something about the bad road work (an unfilled hole; a steel plate sticking up; etc.) caused the damage to your car;
2) The damage did not also occur because you were driving carelessly (i.e. it didn't happen because you were going too fast, or not paying attention); and
3) The work done was truly unacceptable: it was so poorly done as to represent an actual hazard or risk (i.e. it's not enough that it was perfect; it has to be hazardous).
To do this last thing, you would almost certainly have to hire a highway engineer to study the situation, do a report, and, if necessary, testify in court for you--your own non-expert testimony would not be enough to establish this.
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