If I was driving in a really bad construction zone and a huge rock hit my car, is the township responsible for paying for the damages?

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If I was driving in a really bad construction zone and a huge rock hit my car, is the township responsible for paying for the damages?

The road was a total mess and a huge rock took out my fog light and bent the bottom of my new car. I called the township and they said they will get back to me.

Asked on February 19, 2013 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The township would only potentially be liable if they created the dangerous condition (for example: their digging/construction/whatever had undermined or otherwise disturbed the slope or rockface) and they also were either aware of the existence of the dangerous condition, or reasonably, under the circumstances, should have been aware of it (it would have been obvious to them), yet failed to take action. Without behavior like the above giving rise to fault on their part, they are not liable simply because they were doing work in the area.

Note that there are generally strict--and short--time limits for suing governmental entities, like townships; if you believe you may have a claim, speak with an attorney immediately about pursuing it.


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