Can a municipality be sued for negligence?

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Can a municipality be sued for negligence?

I stepped on a 8 inch steel spike that went through my shoe and went 2 inches in my foot. I have been off work for 2 months because I had to have surgery to remove debris that went into my foot when i stepped on the metal spike. The spike was located at the ball field in the grass by the sidewalk. There is an electric pole there and it seems that it was left by them But the city cuts the grass there, and had to have seen it when they cut the grass. When I complained, the city cut the point off the spike but still left it there.

Asked on July 11, 2011 under Personal Injury, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Before filing a lawsuit against the city for negligence, you may need to file an administrative claim against the city.  You can obtain the claim form from the city.  Once that claim is denied which is standard operating procedure, you can then proceed with your lawsuit against the city for negligence.  You cannot miss the filing deadline for the administrative claim; otherwise, your subsequent lawsuit against the city might be barred.

As for your lawsuit for negligence against the city, obtain your medical bills, medical reports and documentation of any wage loss when you have completed your medical treatment and are released by the doctor or have reached a point where the doctor has declared you to be permanent and stationary.  Permanent and stationary means that no further improvement is anticipated.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to your medical bills.  If you are dissatisfied with settlement offers, you can reject the settlement offers and file your lawsuit for negligence.  You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter. 


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