12 Actions Cities Can Take to Mitigate Tort Liability

Cities get sued. A lot. One of the most common kinds of lawsuits against a city arises from injuries caused by an allegedly dangerous condition of city property (like a sidewalk, road, or trail in a city park). Although it may not always be possible to avoid lawsuits based on the dangerous condition of city property, there are actions a city can take to at least make them easier to defend. This list may also be useful to plaintiff’s counsel going on the offensive.  Continue reading

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. Continue reading