Visitor Question

Can you sue a city for a fall on a right of way?

Submitted By: (Dillon, SC)

I had a nasty fall last week when a rotted root from a tree that was cut down 8 years ago caused the path to collapse. They used a stump grinder to grind what I thought was all of the roots out of the ground – they were not visible at all.

Then last week while I was picking up trash on the city right-of-way I walked across the spot and it caved in on me. I’m wondering if I can sue the city for the fall on the right-of-way? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear ,

You may have a legitimate case against the City of Dillon. Filing a claim against the City or the State of South Carolina is different than filing a regular personal injury claim.

With a personal injury claim an injured party can usually directly contact the at fault party’s insurance company in an effort to initiate a claim for reimbursement and compensation for injuries, out of pocket expenses, lost wages, and pain and suffering.

It’s different with a governmental entity. For the City of Dillon and the State of South Carolina you will have to file what is called a “Tort Claim”. To do that you should refer to Justia.com.

From there you will be able to search and gain entry to the 2011 South Carolina Code – Title 15 – Civil Remedies and Procedures Act. From there go to Chapter 78 – the South Carolina Tort Claims Act.

You will file a claim through the Tort Claims process. Once you do you will be on your way toward receiving personal injury compensation.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 18, 2012

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