I hit a pothole...

[TM]

Depends on the state, Brett-
Couple things to consider:

Is the town at fault, or is it another entity- public
works department, utility company, etc.?

Who has immunity from litigation and under what circumstances?

Can willful negligence be proven upon a preponderance of evidence?

Etc.

This is not to be construed as legal advice, but some things to
consider when attempting to make a pothole claim.

Taka

-----Original Message-----
From: quattro-bounces at audifans.com [mailto:quattro-bounces at audifans.com]
On Behalf Of Brett Dikeman
Sent: Tuesday, December 30, 2003 10:05 PM
To: Jason Eisenmenger; urq at audifans.com; quattro at audifans.com
Subject: Re: I hit a pothole...


At 8:44 PM -0500 12/30/03, Jason Eisenmenger wrote:

>Either way, the local roads dept. will surely be hearing from me at
>8 am sharp tomorrow.

...and they may nicely tell you to bug off.  Here in MA, for example, 
I think state law releases towns from liability relating to 
conditions of the roads.  God help you if it was under construction, 
then you've got -zero- chance(there's another law about "using at 
your own risk" etc).

I'm certainly no lawyer, however...

B
-- 
----
"They that give up essential liberty to obtain temporary
safety deserve neither liberty nor safety." - Ben Franklin
http://www.users.cloud9.net/~brett/
_______________________________________________
quattro mailing list
quattro at audifans.com http://www.audifans.com/mailman/listinfo/quattro