Negligence claims can be complex, especially when they involve government entities. If you are bringing a North Carolina personal injury lawsuit against a government entity seeking compensation for your injuries, there are specific rules and procedures that you must follow that are different from bringing the same claim against a private individual or business. At Maurer Law, we have handled numerous government torts and are prepared to help you ensure that you assert your rights to the fullest extent.
The North Carolina appellate court recently considered a dispute involving the Tort Claims Act. The plaintiff was injured after she deviated from a crosswalk and cut across a grass median at which point she stepped into an uncovered storm drain and fell five feet underground. The plaintiff’s husband dropped her off to go jogging and returned later to pick her up. The plaintiff admitted that she deviated from the crosswalk when she saw her husband’s vehicle approaching.
She brought a claim against the North Carolina Department of Transportation pursuant to the Tort Claims Act and filed it with the Industrial Commission. She alleged that DOT negligently failed to inspect and maintain the drain because the cover that would have been on top of the hole was lying a few feet away.