Can I sue the city street department?

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Can I sue the city street department?

I was driving down the road and heard a noise and pulled over. I thought it was a tire being popped and it turned out to be a piece of metal. A piece of metal went through my car on the passenger side lucky no one was on that side but now I have damages to my car, basically a hole in the bottom of my passenger side on the floor. I had my 14 month old son in the car and this is defiantly not safe and I want to know what to do.

Asked on September 7, 2012 under Accident Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorrt for what happened.  It must have been terrifying especially with your son in the car.  But unfortunately I doubt that you can sue the City for the damages. Unless they created the condition (in some way causing the negligence) or were aware of a condition created and failed to act, you can not sue.  There has to be "notice" of a condition likely to cause damage.  Possibly your car insurance?  Good luck. 


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