Palm Bay, FL asked in Municipal Law for Florida

Q: Is it possible for home owners in a specific area to file a class action lawsuit against the city for negligence?

The area of town in which I live in has very badly maintained roads. The city has started repair on roads in another part of town where the roads are in good shape. Ours have been neglected for years and are not only dangerous, but our property values are not increasing at the same rate as other parts of town. I feel that this constitutes a damage to our investment. The road issue has for years been a big problem in our area but the city of Palm Bay just ignores our pleas. Now, they prioritize areas with good streets for repaving and rebuilding. Due to the conditions here and the fact that those conditions are well known to the city, I feel they are acting negligently by not resurfacing the worse area first. Property owners here are hurt by this as well as residents cars are being unnecessarily damaged. When they do pave, there are no plans for sidewalks, street lights or fire hydrants to increase safety and security. Basically, the city is totally neglecting us.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A Florida attorney could advise best, but your question remains open for two weeks. There might be more effective less costly methods of trying to bring attention to the roads of your community. One option could be to reach out to your elected officials, starting out at the local level. Such a lawsuit, if it were to be viable in terms of standing, immunity, or other administrative issue, would not be likely to be handled on a contingency basis in the same manner as class action lawsuits involving pharmaceutical drugs or other product liability-related claims. A starting point could be to discuss the matter with other constituents of the community. As a group, you could be more compelling and persuasive to officials. Good luck

Tim Akpinar

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