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Can the city be held liable if a pedestrian gets in an accident due to construction or raised manhole covers?
Question: Mrs. Larson, a 50-year old tourist was walking down Fifth Avenue when she suddenly tripped over a raised manhole cover. Can she sue the city for her personal injuries?
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Answers (1)
As a general rule, courts do not hold state entities liable for each anomaly in a sidewalk or street. Valet v. City of Hammond, 577 So.2d 155 (La.App.1 Cir. 1991) Mrs. Larson must show that the defect poses an unreasonable risk of harm to third parties. This is determined by taking into account all social, economic and moral considerations.
Some of the elements that a jury takes into account when evaluating pedestrian accidents are the social utility in question, societal and individual duties and rights, as well as risk of harm and gravity. What constitutes a hazardous defect in a sidewalk is determined on a case-by-case basis. The law places a duty on property owners to discover unreasonably hazardous conditions and to warn of its presence or rectify the condition.
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Posted by Yara Zakharia on 21 Jan 2010
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(3 Votes)