Can I sue my village in small claims court?

UPDATED: Sep 30, 2022

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Can I sue my village in small claims court?

I recently got in a T-bone collision accident where I went through a stop sign and the other driver hit me. The stop sign is right behind a

Asked on July 21, 2017 under Accident Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In theory, if the village were at fault in causing the accident, you could sue them for this. It is, however, very unlikely that you will prove that they were at fault. You would need to hire a traffic expert (which you'd have to pay for out of pocket; you would not get that cost back) and have him or her examine the site and the accident report and render a professional opinion in court (e.g. testify) that the placement of the sign was deficient and unsafe. (Your opinion as to the placement, as a non-expert, will not convince a court and might not even be allowed in.) Only if you can find a persuasive expert to do this *might* you win your case (winning is never guaranteed; and assume the town will have its own traffic expert testify against you), and even if you do, could spend more on the cse then you will get back.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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