When a city is negligent for dangerous roads or sidewalks, special rules may apply

There are a number of conditions, acts or omissions that can leave roads and sidewalks unreasonably dangerous. Failure to replace a missing stop sign can send an unsuspecting motorist into an intersection without knowing of the dangers of a collision. A pedestrian trying to use a poorly lit crosswalk is in danger of being hit by a car. A person walking on a sidewalk is in danger of falling when an open grate is not marked.

When a city fails to maintain its roads and sidewalks safely, it could be liable for the injuries that ensue. However, special Missouri laws may apply and failure to follow them could mean a victim is unable to pursue a claim.

If you or someone you love has been injured as a result of a road or sidewalk defect, contact the Missouri personal injury lawyers at The S.E. Farris Law Firm. Call 314-A-LAWYER (314-252-9937) today for a free consultation.

Sovereign Immunity and the Exceptions

In Missouri, sovereign immunity shields the state, state entities like public universities, counties and cities from liability for negligence. However, Section 537.600 waives sovereign immunity in certain instances such as:

  • Injuries arising out of the negligent operation of a vehicle by a public employee while in the course of employment;
  • Injuries caused by a known dangerous condition of the public entity’s property;
  • A negligently maintained or defectively designed road, highway or sidewalk.

But when a claim is brought for a negligently maintained or defectively designed road, highway or sidewalk, additional steps may need to be taken before an injured victim can file a personal injury action.

Short Window to File a Notice of Claim

According to Missouri law, Section 82.210 RSMo., a city with 100,000 residents or more, such as the City of St. Louis, is entitled to a 90-day notice before a suit may be filed against it for the defects of any bridge, boulevard, street, sidewalk or thoroughfare.

The statute is specific about what type of notice is needed. The notice must:

  • Be sent within 90 days of the accident;
  • In writing to the mayor;
  • Include a statement as to the place where the injury occurred, the time of the injury, the character and circumstances of the injury and a statement that the individual is making a claim against the city.

Missouri courts do not shy away from enforcing this law and failure to comply could put an end to the claim.

If you or a loved one has been injured in an accident that involves public property or a government entity, it is important to seek the advice of an attorney right away. Special notice provisions may apply to the claim and failure to follow the requirements could strip you of your right to sue.

Call 314-A-LAWYER (314-252-9937) today for a free consultation.

At The S.E. Farris Law Firm, our practice is focused on the needs of injury victims. We guarantee our clients that our dedication is more than just a motto. At the end of your case we measure our success not by the amount of money we have recovered for you but by whether you would give our name to others as good lawyers to have on their side.