Connecticut Injury Attorney Blog

A pedestrian accident in Stonington, Connecticut demonstrates the dangers posed by damage to roads and other public spaces throughout the state and the country. The Mystic River Press reports on Jessica Post, who suffered leg injuries in a fall caused by a sinkhole. Her family has apparently requested repairs to the sinkhole in front of their house multiple times, and the city has patched it on several occasions. The sinkhole continues to appear because of, literally, deeper problems with the city's infrastructure.

An obsolete drainage system installed in the neighborhood in the 1940's is the suspected cause of the sinkhole. The system may also be responsible for flooding in the neighborhood. Although upgrades to this system are rather clearly necessary, the city simply lacks the funding to make all of the necessary upgrades and repairs to city systems. City officials estimate that repairs to the Post family's street could cost as much as $80,000. As more and more roads, drainage systems, and other public utilities decay, more accidents and injuries are sure to follow.

A 2009 analysis of data from the Federal Highway Administration, conducted by transportation advocacy group The Road Information Project (TRIP), reportedly found that only 34 percent of Connecticut's roads were in "good" condition. The national average for roads ranked "good" is only 51 percent, but that still puts Connecticut low in the rankings. TRIP's research suggests that poor road conditions play a major role in as much as one-third of the fatal traffic accidents or Connecticut streets and highways. It further found that 45 percent of Connecticut's roads are in "poor or mediocre condition," costing the state's drivers an additional $847 million a year in maintenance costs.

The owner or manager of property is typically liable for dangerous conditions on that property that cause someone injury, but holding state or local governments accountable for damages caused by dangerous road conditions can be tricky. Everyday government bureaucracy is a factor, but governments can also limit the legal ability of individuals to sue them. Many require a series of notices and acts, such as notice of the dangerous condition and an opportunity to repair the condition, before a lawsuit is authorized. Laws often set a very limited window of time, such as 180 days, during which an injured person may file suit. Establishing causation may also prove difficult, as different levels of government may have responsibility for different parts of a roadway, and private contractors may also be involved.