Q: Our daughter's foot fell into a water drainage and tore up her leg. How does she proceed in suing the city of SJ?
She did file a report online at at the police station. How can she proceed in small claims court against the city for negligence for not covering large gaps in street drainage?
A:
To proceed with a small claims case against the city of San Jose for negligence, your daughter should follow these steps:
1. Gather evidence: Collect photographs of the injury, the uncovered drainage, and any medical records or bills related to the incident. If there were any witnesses, get their contact information.
2. File a government claim: Before filing a small claims case, you must file a government claim with the City of San Jose. Visit the city's website or contact the City Clerk's Office for the appropriate form and instructions. You typically have six months from the date of the incident to file the claim.
3. Wait for a response: The city has 45 days to respond to the claim. If the claim is denied or the city fails to respond within 45 days, you can proceed with filing a small claims case.
4. File a small claims case: If the government claim is denied or not responded to, file a small claims case with the Santa Clara County Superior Court. You can do this online or in person at the courthouse. Pay the required filing fee and provide the necessary documentation.
5. Serve the defendant: After filing the case, the court will provide you with a copy of the complaint and a summons. Serve these documents to the City of San Jose following the court's instructions.
6. Attend the hearing: Appear in court on the designated date with all the evidence supporting your claim. Present your case to the judge, who will then make a decision.
Throughout the process, consider consulting with an attorney specializing in personal injury and government liability cases for guidance, as suing a government entity can be complex. Keep in mind that there may be caps on the damages you can recover in a case against a government entity.
A: I'm sorry for your daughter's accident. A state or territory was not mentioned in your post, but if you use SJ as short for San José, your daughter could reach out to California attorneys to set up a free initial consult. Her rights could depend upon where the drainage ditch/recess was located, how she fell into it, and other details that a thorough investigation could reveal. Be aware of notice of claim aspects of these types of claims (short filing deadlines). I hope your daughter is okay. Good luck
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