If I was in an accident on an extremely icy road, does the town have a responsibility to make sure that the road is safe to drive on?

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If I was in an accident on an extremely icy road, does the town have a responsibility to make sure that the road is safe to drive on?

If so, does some or all of the blame for the accident fall on the town for their inability to make the road safe to drive on?

Asked on February 18, 2013 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The town MAY be liable if it 1) knew (or reasonably had to have known) about the icy conditions, 2) it was a town road, and 3) there was sufficient time or opportunity after it became aware of the ice for it to have taken reasonable steps (e.g. salting or sanding) but it did not. It requires all three elements to find liability.


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