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An injury a couple of years ago

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deni3d

Junior Member
What is the name of your state (only U.S. law)? Louisiana

A couple years ago, I was going across the street by foot. When I stepped onto the neutral ground, the ground between streets, I stepped in a hole. After doing so, my ankle was sprained and I recieve some internal damage. Would I had been in the right to sue the city that kept the grounds? I was unable to work for a few months, forcing me to use up my savings to pay rent/bills, because I had done laborial tasks for a department store - unloading and loading trucks.
 


FlyingRon

Senior Member
What is the name of your state (only U.S. law)? Louisiana

A couple years ago, I was going across the street by foot. When I stepped onto the neutral ground, the ground between streets, I stepped in a hole. After doing so, my ankle was sprained and I recieve some internal damage. Would I had been in the right to sue the city that kept the grounds? I was unable to work for a few months, forcing me to use up my savings to pay rent/bills, because I had done laborial tasks for a department store - unloading and loading trucks.
Nope. First, if you had standing to sue, you had to do it within a year. You're time barred even if it was a private party.
Second, it's very hard to sue the government in Louisiana.
Third, even if you were allowed to sue, it's unclear that the city has any responsibility for your injuries.
 

swalsh411

Senior Member
Why didn't you look where you were stepping? A person has the responsibilty to take precautions against reasonably forseen hazards.

Doesn't really matter though since the SoL has run. Tempus Fugit.
 

OHRoadwarrior

Senior Member
They have sidewalks for walking and intersections for crossing. You are not guaranteed safe passage across private property not designated as a walking path.
 

Adam G

Member
What is the name of your state (only U.S. law)? Louisiana

A couple years ago, I was going across the street by foot. When I stepped onto the neutral ground, the ground between streets, I stepped in a hole. After doing so, my ankle was sprained and I recieve some internal damage. Would I had been in the right to sue the city that kept the grounds? I was unable to work for a few months, forcing me to use up my savings to pay rent/bills, because I had done laborial tasks for a department store - unloading and loading trucks.
You have to show that the city had actual or constructive knowledge of the pothole and did not fix it.

http://www.usroads.com/journals/rmj/9704/rm970402.htm

The reported cases I read only dealt with cars. Not sure if it applies equally to people walking in the street.
 
What is the name of your state (only U.S. law)? Louisiana

A couple years ago, I was going across the street by foot. When I stepped onto the neutral ground, the ground between streets, I stepped in a hole. After doing so, my ankle was sprained and I recieve some internal damage. Would I had been in the right to sue the city that kept the grounds? I was unable to work for a few months, forcing me to use up my savings to pay rent/bills, because I had done laborial tasks for a department store - unloading and loading trucks.
First of all, its been a year? a couple of year? please be exact on how many years 2 years? 3 years? and why only now you want to sue them? I think you don't have a case on it. And if you have how will you prove that its their fault? do you have at least picture of the area a couple of year ago when you get the injury?
 

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