Thank you all. For the valuable info. Regarding my accident, and I've done everything as instructed all ready. But , how? Would I know that the city had any prior notice of the uncovered drain ? All I know is that it cost me a mouth full of teeth and a three night stay at one of the most expensive hotels in town and one hell of head ache. But the best thing of it all it left me with. Is one of the coolest scars that money could buy. Running down the length of my face chin to forehead right threw the middle of my nose. Oh and both grades were missing on both sides of the streets that were subsequently repaired the day after the accident. I read about one case in chicago where a homeless man removed one of these covers 5min prior to a man falling into it while running to catch the bus.
without knowing the type of sewer drain, it's not that easy to remove the cover off these. Typically you need specialized tools. Given the nature and extent of your injuries you should get an attorney to get maintenance history on this drain. Even without, had it been uncovered for some time notice can be implied. My office is downtown on Weber and I'd be happy to meet for a free consult, 209-464-7700
I agree with the prior responses that you need to retain an experienced attorney without delay who can look into the notice issue and other issues raised in your question. You can use the “Find a Lawyer” option on Avvo to find qualified personal injury attorneys to interview or contact any of the attorneys who responded to your inquiry. Good luck!
You have a potentially strong claim, but I urge you to call an attorney to discuss it in detail. We have handle several cases involving grates missing and people sustaining injuries. There are many issues that need to be addressed, and you may need to comply with government claims deadlines which can be as short as 6 months fr the date of accident. Contact am attorney right away.
Thank for contributing more details. I still think you should contact an attorney by phone to discuss all the specifics. Your injuries are so significant that a lawyer will give your case and the facts serious consideration. As you mention, it can be difficult to assign blame on a city. In the example of the homeless man, it would be hard to hold the city responsible unless if perhaps there was a pattern of this behavior on part of the vagrant. A skilled lawyer would have a chance to secure a settlement, but it would be a challenge proving negligence.
In your case circumstances that would be to your favor is whether there had been city maintenance soon before your accident suggesting that workers did not secure the area prior to leaving. This is just an example of one of the angles and type of research that would be done by the law firm you hire.
Please visit the link below for more information on public entity claims (injury claims involving the city). These are notoriously difficult to fight on your own. City attorneys will deny and delay your claim until it is too late for you to seek compensation. I can't recommend strongly enough that you consult with a skilled lawyer from Avvo in order to protect your rights.
You should discuss with one of the CA attorneys who have answered your question. You would not necessarily have notice. Don't worry about that now, hire someone who has experience in these cases as you have been advised there is a very short statute of limitations. Good luck to you.
Stockton may have a telephone line devoted to taking citizen complaints of pot holes, missing drain cover(s). Inspection schedules and records should be consulted. Neighbors might be canvassed for making complaints or, at least, for evidence of how long the cover(s) were missing. There may be negligence in not better securing the cover(s) esp. if prior incidents involving the same type of cover occurred.
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