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Raised sewer cap on road caused fall

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GraciAnn

Guest
A 4" raised sewer cap on public road caused my mother to fall and break both ankels when getting on senior citizen bus. Happened 4 months ago and is now in wheel chair because they are having trouble healing. She is 78 years old. Does she have any legel recourse? and if so, what sort of law does this fall under? THANKS!
 


HomeGuru

Senior Member
Personal Injury Law, Premises Liability Department, Governmental Roads and Highways Division.
According to the roadway and highway specifications, the cover should be level with the highest surface plane elevation of the road. There is a tolerance but the attorney would need to check with the traffic engineering specifications of whoever owns the road ie. City/County, State or Federal. File a claim ASAP, take photos of the conditions etc.
 
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GraciAnn

Guest
Thank you Home Guru for replying - I'll get to work on it right away.

 
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cdcard

Guest
Dear GraciAnn:
I agree with HomeGuru. I would also recommend that you run, not walk, to a local personal injury attorney for, at least, a consultation. Every jurisdiction is different, but with most government entities, you have a very limited time in which to file a claim (usually 90-180 days). And if your mom has the injuries you describe, it shouldn't be difficult to find an attorney who will take her case on a contingent fee basis (ie, attorney fees come out of the settlement/judgment, not out of your wallet). Best of luck to you.
 

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