Because many of this country’s infrastructure was built several decades ago, it is and has continued to fall apart. There have been many accidents that have been a result of this country’s declining infrastructure. These accidents have led to numerous amounts of injuries, pain, and even wrongful deaths. Whose responsibility is it if a pedestrian or driver gets hurts because of faulty streets?
In the case of City of Beech Grove v. Beloat, Beloat was a citizen of Beech Grove, Indiana where she fell and injured herself when she stepped into a hole on one of the Beech Grove City streets. She sued the city for her injuries, but they tried to claim that they were immune from any liability under the discretionary function immunity provision within the Indiana Tort Claims Act. The trial court had denied Beech Grove’s motion for summary judgement. The Supreme Court of Indiana noted that in order for the city to prevail on a discretionary function immunity claim, they had the burden of showing that their omission was an official “policy decision made by consciously balancing risks and benefits.” The evidence in court did not show that the city of Beech Grove engaged in policy decisions over repairing the road damage in the respective area. The Indiana Supreme Court affirmed the trial court’s denial of summary judgement and remanded for further proceedings. This case could go a long way towards pedestrian safety in this country. Many cities have been negligent in overseeing proper roads but this case could incentivize them to fix their roads sooner rather than later.
If you or a loved one have been affected by a pedestrian accident or death, contact an experienced car accident lawyer at Hurst Limontes, LLC. We have decades of combined experience fighting for our clients in any number of personal injury claims. Call 317-636-0808 or email us for a FREE and confidential consultation.