City of Atlanta Potentially Liable For Hazard
I came across an article which appeared in The Atlanta Journal-Constitution's Take to Task section. An Atlanta citizen wrote the newspaper complaining that a very large concrete storm drain cover was dislodged and causing a hazard. The storm drain is located on Memorial Drive in front of Oakland Cemetary.
What caught my eye is that the Atlanta citizen who complained about the damaged storm drain cover noted that there was accumulated dirt and weeds growing in and around it. This strongly indicates that the damaged storm drain cover has been dislodged and causing this dangerous condition for over a year. This is important because the City of Atlanta, as a municipality, is liable for all injuries caused by the defective storm grate once the City knew or should have known of the defective condition. Once this is established, the defective condition is considered a nuisance and liability attaches to the City. Other ways in which the knowledge of the City can be proven is by establishing that other people have been injured by the defective condition and filed claims against the City or by showing that others have complained to the City about the defective condition prior to the injury in question.
The problem with particular storm grate cover is that part of the cover rests in the gutter and the other end is thrust up in the air where it can easily snag bicyclists or pedestrians who are trying to pass by.
If you have been seriously injured due to a defective condition and suspect that the City of Atlanta had prior notice of the danger, please contact us to discuss your case in complete confidence.
