Can I sue if my son if he injured himself in a ditch that was worked on by the city but never finished?

UPDATED: Apr 27, 2011

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Can I sue if my son if he injured himself in a ditch that was worked on by the city but never finished?

My son was running home and tripped in a ditch. He strained his shoulder and had to miss school. The ditch was worked on a year ago but was never finished. There are no cones, tape or any type of warning around the ditch. I have pics. They put one little concrete slab and left the rest of this big ditch.

Asked on April 27, 2011 under Personal Injury, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You might be able to sue, if (1) it was negligent to either not finish the ditch or, if not going to finish it, to not block or mark it off in some fashion; and (2) the city had notice, or knowledge, of the condition. If it was a municipal project, then (2) would seem to be met; and as for (1), negligence means more careless than the hypothetical reasonable person--e.g. a reasonable person would have done something differently.

Note that is usually a short time frame to file a claim against a city (or state, or government agency) and strict paperwork requirements to comply with in order to do so. If you are interested in pursuing this further, you should speak with an attorney about the matter *immediately*.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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