Legal Question in Civil Litigation in Alabama

Can state be held liable?

I am a truck driver. I was driving through Alabama on a friday night about a week ago. As I drove under an overpass, someone threw a brick into my windshield from the overpass. Luckily, I was not seriously injuried. The person got away, but police told me this happens a lot. My question is can I successfully sue the state by not putting up protective fence alone overpasses since this happens often. I believe someone even got kill in this state recently from this. My eye glasses($150) was damage and I received some scratches from the glass. Some of which went into my eyes, so I am going to an eye doctor for that. Do I have a case? and what do you think of my chances of winning?

Thank you.


Asked on 10/19/05, 3:13 am

2 Answers from Attorneys
Bobby Lott, Jr. Attorney at Law

Re: Can state be held liable?

The honest answer is: I don't know. States have immunity from suit for certain matters.

I will be glad to research it and let you know, however.

Email me directly with your contact info and I will get back with you.

Thanks!

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Answered on 10/19/05, 10:05 am
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Can state be held liable?

Dear Sir:

1. Each state's laws differ. Most likely, Alabama has a 1 or 2 year period of time within which you can bring a case. Going outside of the "Statute of Limitations" precludes you from seeking damages.

2. I do not practice in Alabama being licensed in California and some Federal Courts only.

3. Most governmental agencies, like States, Cities and Counties, have what is called "Governmental Tort Immunity" which is a fancy way of stating that governments are exempt from a great deal of claims. This is something that wil have to be researched IN ALABAMA by an Alabama attorney as to the availability of a claim for you.

3. All injury claims have basically 2 common elements, liability (fault) and damages (VALUE).

4. Assumuming that there was responsibility, your damages component is very small. It is a "small claims" value only. In California for example, the maximum recovery in Small Claims Court is $5,000. Your claim, assuming no eye injury (I hope there is none) is relatively small in scope.

I hope that this has been helpful. Nothing herein is intended to be the practice of law in Alabama nor have we agreed to provide representation for you in Alabama. Good luck.

Sincerely,

Mark Geyer

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Answered on 10/19/05, 11:11 am


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