Are DOT's not responsible for damages while on the road's they're commissioned to maintain? SCDOT says they aren't!
In South Carolina we hit a large pot hole, +6" deep, that destroyed a tire and rim with damages over $600. We were told to file with DMV, then DOT, and now DOT says that a state utility service (water company) made the cut in the road and repair. Their repair failed so we need to file a claim with them. DOT took 6 months to respond with this denial!
The Chief Counsel for SCDOT says that DOT is not responsible for damages resulting from problems they did not cause.
I *think* the South Carolina Tort Claims Act (Section 15-78-10) defines their responsibility and says, "...a governmental entity are liable for their torts in the same manner and to the same extent as a private individual...". The Chief Counsel says that this law also excepts them from problems they didn't cause. Eg. a utility company authorized to make cuts and responsible to repair them.
Again I ask, should DOT not be responsible to the end for the maintenance? I feel our claim should be with them, and they pursue whomever they allowed to do work on property they are maintaining. I don't want to get litigious, merely hate being pushed around for 6 months and now start over with a new claim and more complications. What law says DOT should be responsible?
(Later learned the normal template permit (blanket encroachment permit) for the utility company to do work was never signed at all. Counsel says an email from one to the other would serve as authorization though. However, IMO it wouldn't outline liability.)
Thanks for any input!
In South Carolina we hit a large pot hole, +6" deep, that destroyed a tire and rim with damages over $600. We were told to file with DMV, then DOT, and now DOT says that a state utility service (water company) made the cut in the road and repair. Their repair failed so we need to file a claim with them. DOT took 6 months to respond with this denial!
The Chief Counsel for SCDOT says that DOT is not responsible for damages resulting from problems they did not cause.
I *think* the South Carolina Tort Claims Act (Section 15-78-10) defines their responsibility and says, "...a governmental entity are liable for their torts in the same manner and to the same extent as a private individual...". The Chief Counsel says that this law also excepts them from problems they didn't cause. Eg. a utility company authorized to make cuts and responsible to repair them.
Again I ask, should DOT not be responsible to the end for the maintenance? I feel our claim should be with them, and they pursue whomever they allowed to do work on property they are maintaining. I don't want to get litigious, merely hate being pushed around for 6 months and now start over with a new claim and more complications. What law says DOT should be responsible?
(Later learned the normal template permit (blanket encroachment permit) for the utility company to do work was never signed at all. Counsel says an email from one to the other would serve as authorization though. However, IMO it wouldn't outline liability.)
Thanks for any input!
