Legal Question in Civil Litigation in Florida
city liability
I hit a recessed drain culvert in the center of the road and damaged two wheels on my car...is the city liable
1 Answer from Attorneys
Re: city liability
FL DOT maintains most of the main thoroughfares in Jacksonville - 9A, I-95, Beach Blvd., Normandy, etc. State agencies are immune from liability ("sovereign immunity") except as waived for specific torts as codified in FL Statute 768.28. The state will not be liable for the damage you describe.
I don't know what road you were on when this happened, but generally, cities can't be sued for just doing a mediocre job in using your tax dollars. Perhaps if this happened on private property (condo or apartment complex road), you could pursue a claim against the HOA or Condo assn. However, I seriously doubt it.
How fast were you going that you hit a drainage culvert and busted two wheels? I know they have those in the streets all over Jacksonville - they amount to reverse speed bumps, and you have to either swerve around them or go slow. You may be at least partially to blame for your damage, which is another reason I doubt you have a good claim to pursue against any agency who constructed the road.
But, don't take my word for it. Feel free to get second and third opinions.
Good luck to you,
Sarah