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Civil Litigation Legal Topics Public Law Tort Law

Be Ready for the Defense When Suing a City for a Pothole

In an earlier blog post, I discussed the elements of a claim against a public entity for dangerous condition of public property, such as a deep pothole or obscured signage at an intersection that causes a car accident. As a followup — and in response to a reader’s thoughtful comment — here are the defenses you may face when bringing such a claim. Even if all the elements of the claim are there, you always need to anticipate the public entity’s defenses.

Categories
Civil Litigation Legal Topics Public Law Tort Law

Before Taking on the Government for that Pothole

A client comes into your office claiming that a deep pothole or obscured signage at an intersection caused a car accident in which she was injured. Or maybe the family of a bicyclist comes to you claiming that dangerous road conditions contributed to her fatal crash. Would you know how to analyze the situation to determine whether there’s a basis for a suit against the city for the dangerous condition of public property?