Defective/Unsafe Roadway Conditions - Do I Have a Claim for My Injury?
A common question by those who have been injured due to an unsafe roadway condition is whether they can bring a claim against a governmental entity for failure to maintain the roadway properly? In some cases an injury victim will be allowed to proceed with a claim against a governmental entity for failing to exercise reasonable care in keeping the roadway reasonably safe.
The Indiana Supreme Court held that a governmental entity has a common law duty to exercise reasonable care and diligence to keep its streets and sidewalks in a reasonably safe condition for travel. Catt vs. Board of Comm'rs of Knox County, 779 N.E.2d 1 (Ind. 2002).
However, there are certain circumstances that would allow a governmental entity to be immune from liability under the Tort Claims Act. For example, if temporary conditions in the roadway are created by weather and subsequently cause injury, the governmental entity will not be liable to the injured party. Alternatively, if the condition in the roadway which caused injury is found to be permanent, the governmental entity is allowed to be held liable for negligence when they had time and opportuntiy to remove or repair the obstruction, but failed to do so. Catt vs. Board of Comm'rs of Knox County, 779 N.E.2d 1 (Ind. 2002).
In short, a governmental entity must had knowledge of the dangerous/hazardous condition in the roadway and must also had the opportuntiy to repair it in order to be held liable for the injuries that the condition has caused. City of Indianapolis vs. Bates, 74 Ind. App. 129, 343 N.E.2d 819 (Ind. Ct. App. 1976).
