San Antonio, TX asked in Construction Law and Gov & Administrative Law for Texas

Q: Can I sue my city for a dip in the rode right in front of my home? (Dip is not supposed to be there)

*Mispelt road sorry*

I'm pretty sure the dip was caused by water somehow, because over time a fairly straight street turned into it. Every time it rains there is basically a small pond at the end of my driveway. We've contacted the city numerous times about it, but the last time we did they responded that they currently don't have a project for our area so we'd have to wait. Just recently someone's water line broke near our home which sent a ton of mud along with water and made a huge mess. A couple weeks ago we called the city for a street sweeper to come and clean it up and they just did today... right across the street. After they finished I went to go check out how clean it was and almost slipped and fell in some of the mud in front of my house. Is there a case here?

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

A: A Texas attorney could advise best, but your question remains open for three weeks. There wouldn't be an injury case for almost slipping. The standard is one of actual damages. If it's an engineering-type problem involving inadequacies in municipal storm drainage infrastructure, you could continue to try to find solutions through your elected officials. You could also reach out to local attorneys to review the situation in detail to identify other options - that would likely be a paid consult and it could require input from civil engineers. Good luck

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