Tuesday, June 28, 2016

Are Municipalities Tricking You? - By Phyllis Sanders


There is a big secret many municipalities don’t want you to know!

In a big city or town there may be a defect that is dangerous and can cause injuries. If you say this you probably would want to report it to the proper authorities. You certainly wouldn't want anyone to be injured. But how do you alert the correct people? You might go on the appropriate municipalities website. You would be prompted to make a phone call or send an email. If the municipality does not do a prompt repair after you have alerted them, and someone is injured the municipality could still claim they did not have proper notice. Why is this? In order to properly notify a municipality of a dangerous defective condition, you must send a certified letter to the appropriate party in the
 municipality. This letter should be sent return receipt requested. This is the way it must be done to be a legal notice. If you follow the proper procedure and someone is injured he or she would be entitled to make a claim for money damages against the municipality.

The municipality is being disingenuous when they tell you to phone in the complaint or to email it. The notice requirement is draconian and shields the municipality from its negligence in making proper and prompt repairs when necessary. 

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