Legal Question in Personal Injury in Utah

Is a local municipality liable for vehicle damage caused by a unmarked road hazz

I received about $500 - 1000 worth of damage to my vehicle after it hit a hole in the pavement for a man-hole cover. There was no baracade or any other such warning device to indicate its existence. It was at night on a unlight street of a modeerate size municpality. Shortly after it occurred a local police officer happened by and almost hit the same hole had I not flagged him down. He created a "Non-reportable Accident" report. I later contacted the city who directed me to their attorney. He says at this point in time they will not pay for any repair due to the fact they have not accepted the road from the developer. Would the developer be liable if the city holds claims no resposiblity?


Asked on 12/08/99, 1:50 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Is a local municipality liable for vehicle damage caused by a unmarked road

If the street has been opened to public traffic I think that the city may have liability, although the developer may be required to indemnify the city. If you intend on filing suit - such as in small claims court - name both the city and the developer. Make a demand on the developer for indemnity.

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Answered on 12/09/99, 3:50 pm


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