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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
