Can I Sue The State Of Louisiana If Road Defects Caused My Car Accident?
By:Gertler Law Firm
Published:October 22, 2013
Let’s say your daughter was seriously injured in an automobile accident caused by improper roadway design and construction.
Do you have any legal recourse against the State of Louisiana, the Department of Transportation or even area cities such as New Orleans, for defects in the roadway construction and design?
It’s a stretch but it is possible.
In order to impose liability on DOTD for Louisiana’s defective highways and roadways, the accident victim must prove that DOTD had actual or constructive notice of the defective condition.
DOTD is not the guarantor of the safety of all the motoring public under every circumstance. At any rate, DOTD is only liable for conditions that could reasonably be expected to cause injury to a prudent person using ordinary care under the circumstances.
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