Connecticut cities and towns (municipalities) have a legal responsibility to maintain roads, bridges, and sidewalks in safe condition – as does the State of Connecticut, as well as owners of private commercial and residential properties.
When a person is injured as the result of a defect with a road, bridge, or sidewalk, or as a result of negligence by the party responsible for maintaining safe conditions, the injured party has a legal right to seek recovery for damages.
However, the steps and deadlines for filing claims differ depending on who is legally responsible for a defective sidewalk, for example. This makes it essential to contact experienced Personal Injury attorneys as soon as possible after an injury caused by defects in public roads, bridges, and sidewalks.
90-Day Notice Requirement for Injuries Caused by Defects
In Municipally Owned Roads, Bridges and Sidewalks
Section 13a-149 of the Connecticut General Statutes specifies that legal claims for compensation for injuries caused by defective municipally owned roads, bridges, and sidewalks must be filed within two years from the date of such injury – but formal notice of legal action must be filed within just 90 days of the injury.
The statute provides in relevant part, “No action for any such injury shall be maintained against any town, city, corporation or borough, unless written notice of such injury and a general description of the same, and of the cause thereof and of the time and place of its occurrence, shall, within ninety days thereafter be given to a selectman or the clerk of such town, or to the clerk of such city or borough, or to the secretary or treasurer of such corporation.”
If that notice is not filed within the 90-day deadline, the municipality that owns or is responsible for the defective road, bridge, or sidewalk may have the basis to file a motion to dismiss the legal claim.
“When someone is injured because of a broken sidewalk, the first instinct isn’t necessarily to seek legal counsel,” said Cramer & Anderson Personal Injury Attorney Elizabeth “Lizzy” Gilbert. “The injured party may be focused on seeking medical care and treatment, and they may think that they can wait to look into any potential legal claims later. The concern with this, of course, is the existence of statutory deadlines associated with personal injury actions.”
“It’s important to reach out to an attorney for a free consultation quickly, no matter the circumstances of an injury that occurred on a sidewalk, road, bridge, or any public infrastructure, whether owned by a municipality, the state of Connecticut, or a commercial or residential property owner,” added Attorney Gilbert.
The experienced attorneys at Cramer & Anderson can investigate the role of a defective condition in causing an individual’s injuries, identify the responsible party or parties, and ensure that filing deadlines are met so the claim has the opportunity to proceed.
Whatever the nature and circumstances of your injury, call us at (860) 355-2631 to connect with Attorney Gilbert, or another member of our highly experienced Personal Injury team.
About Cramer & Anderson
Cramer & Anderson provides sophisticated legal services, close to home, with regional offices in New Milford, Litchfield, Danbury, and Ridgefield. For more information, see the firm’s website or call the flagship office in New Milford at (860) 355-2631.