I have written about similar dangerous conditions in the City of Atlanta, but it bears repeating because these instances of City neglect are too dangerous to ignore. Atlanta residents out for a stroll are in danger. So too are small children playing in the area, bicyclists, joggers and pets. If you go to the corner of North Highland Avenue and Cumberland Road, you will find the sharp jagged edge of what used to be a speed limit sign sticking up from the ground into the air. Just a few blocks away, at the corner of Stillwood and Rosedale, a City of Atlanta storm drain lies uncovered.
While the general rule is that the City is not responsible for simple negligence if someone gets hurt, there are many legal claims that allow those injured by these (and other similar dangerous conditions on City of Atlanta roads and property) to recover from the City for their injuries. The most common type of claim is premised on the legal theory of nuisance. To explain what constitutes nuisance in the simplest terms is: nuisance is negligence which is allowed to continue even after the governmental entity becomes aware of the dangerous condition. For instance, in the above example, if the City of Atlanta is not aware of the missing storm grate, they would likely not be responsible if someone get injured because of that dangerous condition. However, if someone gets injured and the City is notified of the injury and the missing storm grate but fails to take any action to correct the dangerous condition, then the second injured person can bring a cause of action based on nuisance against the City. Please be careful out there. Hopefully, you will not need the advice of an experienced Atlanta injury lawyer, but if you are injured, please take the time to hire the right lawyer.
Governments are commonly liable to injured pedestrians under the following scenarios:
- Piping and signage that is jagged and broken and accessible to pedestrians
- Failure to install traffic signals
- Lack of guard rails
- Inadequate shoulders
- Poles and objects next to roads
- Overhanging trees and vegetation reducing visibility
- Dead or hazardous trees that drop limbs onto roadways which cause accidents or directly injure pedestrians
- Improper banking of curves
- Faded center lines and missing reflective markers
- Unsafe pedestrian crossings
- Insufficient warning signs
- Poorly designed merge lanes
- School district negligence
- Missing storm grates
- Missing or damaged (or ill-fitting) water meter covers
- Sewer grates that run parallel to the direction of traffic
- Unsafe swimming and recreational facilities
While these are general areas in which governmental entities may be liable, the facts of each case will determine whether, there is, in fact, liability on the governmental entities’ behalf. In order to determine this, a thorough investigation must be conducted as soon as possible after you have been injured. Many times, it may not appear that there is liability, but things can quickly change after an investigation is completed.
Attorney Robert J. Fleming has been handling wrongful death cases, automobile accident cases, personal injury cases, dental malpractice and medical malpractice lawsuits for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years in and around Atlanta, Georgia and its surrounding areas, including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured and would like quality legal representation, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.