If a manhole cover shot up in a bad rain storm and totaled my car, can I sue the township?

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If a manhole cover shot up in a bad rain storm and totaled my car, can I sue the township?

It picked my car up and spun it around and droped it in the manhole. The township says it was a act of God.

Asked on June 21, 2012 under Accident Law, Pennsylvania

Answers:

Andrew Goldberg

Answered 10 years ago | Contributor

Yes, if it was due to the Township's negligence or wrongdoing. The Township is liabe only if it did something wrong  ( i.e., the Township negligently failed to secure, fasten,  lock or tie down the manhole cover ). It does not sound like an "act of god". Next, the Township will argue it did not have notice or knowledge that the manhole cover was not properly secured. Good luck.


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