AmI able to suea township for damages froman accident that I was in due to a dead deer in the road?

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AmI able to suea township for damages froman accident that I was in due to a dead deer in the road?

I was recently in an accident. There was a dead deer in the middle of the road and I went around it to avoid hitting it. I lost control and hit a tree.

Asked on December 18, 2011 under Accident Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can file a lawsuit against the township where the dead deer was in the road that you swerved to miss resulting in damage to your car and presumed injuries to you. However, the likelihood of you prevailing in establishing liability against the township is very remote for the following reasons:

1. the deer that you served was a wild animal that the township had no control over;

2. you have no evidence that an employee of the township killed the deer and left it on the road;

3. you have no evidence that the township knew that the deer had been killed on the road before you had your accident and failed to remove it in a timely manner assuming it had the duty to do so.


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