Can township supervisors be held liable for failure to fix a known problem

[tkaste]

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


Details - I live on a cul-de-sac that at the end has an Emergency Vehicle Only access road to another development. Many people from the other development use this road as a short cut to the main road where the cul-de-sac comes out on.

The township has been aware of this issue for years, in fact 2 traffic studies have been done by PENNDOT indicating it is unadvisable to have that much traffic entering the main road from the cul-de-sac because of limited site issues.

This has been brought to the townships attention but they choose to do nothting about it.

If someone comes through the emergency vehicle access road to take the short cut to the main road and causes an accident could the township supervisors be held personally liable because they knew the problem existed but took no action to solve the issue ?

 

[!CuriousGeorge!]

Nope. Cannot sue them for the actions relating to their job. Westfall Act-like protection.

 

[cunundrum69]

Nope. Cannot sue them for the actions relating to their job. Westfall Act-like protection.

I disagree. If someone eventually is harmed because of their negligence as a public official being responsible for hiring and policy decision making, then they could be held responsible under state law . The seemingly "qualified immunity" that "curious george" relies upon to make his point is flawed.
If a county official ignores studies by professionals and people end up getting hurt, then this professional can be held liable for negligence.
The question now asked, (jokingly) is are you going to stage an accident where it is you that gets hurt in order to sue the government? I mean. So far there exists no cause of action? So are you just sitting around waiting and hoping for someone to get hurt? If I were you, I would want this problem fixed before some little kid actually got hurt. You know. My recommendation would be, that is of course if you really do care, to spend an evening before the nearest grocery store near this cul de sac and hand out flyers explaining the dangers of the problem, and the threat to young children, and your desire to have this problem changed. Have a petition for residents to sign. After you get 100 signatures, (and believe me my friend when I tell you, that you CAN get 100 signatures in only 1 hour at a grocery store when your cause is as noble as this one certainly is...such a minimal amount of time) you then file a complaint with the city agency clerk (an actual claim under the tort claims act) and threaten to sue the city, county and state and the people responsible for policy decisions threatening a lawsuit for "not only monetary damages," but also a "permanent injunction in state or federal court if they do not immediately correct the traffic hazard". The odds are, unless the city government actually possesses an evil desire to have dangerous roads in its county, as indicated by the study you suggest was issued, that the city will immediately correct the hazard to prevent any more publicity about the issue. (Note: as of yet because no injury has occurred, you cannot sue for money. But you can definitely have the law changed!)
By doing so, not only will you become a pillar of the community and a possible real hero for saving the lives of potential victims from an idiots decision to allow and encourage dangerous traffic hazards, but you will also gain the satisfaction of beating the idiot you are complaining about. This would probably be more self fulfilling and life reassuring than any measly nominal damage you might hope to obtain by sitting by your window and waiting for an accident that somehow involves you to occur which would allow you to sue for. (The End)
P.S. Then, once you achieve this accomplishment, you can then set your sights on the city counsel. Everyone will know that you are a fighter for the people, and they would feel satisfied for voting for you in the next election, providing that you stuck a few posters on sticks in their yards! That's when you really start to see the big bucks! It's easier than it sounds...