Legal Question in Personal Injury in Virginia
I was walking my dog one day in a park and while walking on a path my foot went in a hole I did not see. As a result I severely sprained my ankle resulting in many tests including X-rays and an MRI. I also had cuts on my other leg from falling. I immediately took pictures and notified the city who responded by handing me off to their insurance company who denied my claim of course. The city also began construction for a few weeks at the site where I was injured after I notified them and told them the exact location. Also, as well as many pictures and medical papers I kept, after I fell I told a city worker who was doing lawn care in another part of the park. He didn't see me fall but seen my leg all cut up and I was limping. Do I have a legitimate lawsuit against this city for not properly maintaining the walking path in this city park?
1 Answer from Attorneys
Yes, you might have a credible claim for civil damages for your injuries
incurred from this fall, but, unfortunately, the city would likely exercise its
likely right to claim what's known as SOVEREIGN IMMUNITY in the
matter which would likely result in the dismissal of your case whenever it
might make it to court. (However, yoiu might wish to discuss it with a local attorney who handles personal injury matters in you area for confirmation of this opinion.)