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"Mike" <[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED] > On Wed, 03 Dec 2003 08:26:51 -0700, Jim Thompson wrote: > > > > I'm going to suggest that the family sue the city for 100X the cost of > > a traffic light. > > Isn't there a presumed assumption, in a legal sense, that roads and related > infrastructure are inherently dangerous, and that safety is the > responsibility of the driver? > > -- Mike -- Absolutely, but let's take an extreme example of a sinkhole opening up in the middle of the street. In most local jurisdictions, once they have been officially notified, and that usually requires it to be sent snail mail registered return receipt (no e-mail need apply), any injuries that accrue due to the localities negligence in performing a timely repair, become actionable. In this particular case where an improvement is being sought for safety reasons, I suspect that you would have to have sufficient documentation as to a history of previous accidents or near accidents. Then it should probably be presented to the Planning Board for their consideration. They forward their findings to the village/town/city board who give it a thumbs up or down and then pass it on to the Department of Transportation for their consideration. They are normally very cooperative when a proposal has the imprimatur of local government. Proper procedure (and I'm sure it varies somewhat from jurisdiction to jurisdiction) should be followed so as to allow a minimum of wiggle room for the bureaucrats to two step their way out of.
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