My husband was in his hoveround power wheelchair, and hit a big pothole in a city park. As a result, the chair tipped over, and my husband fell out. Via an ambulance, he was in the E.R. for hours receiving a lot of pain medicine. His pain was horrible. We feel he should be compensated for his pain and suffering. This was a trip planned way in advance, (there was a carnival in town) and his grand kids saw this happen, and were upset. Can we sue the park?
2 Answers from Attorneys
This is a slip and fall case. In order to recover damages, you must show that the city park had notice of the hole and that it was not an open and obvious danger. Suits against municipalities are some of the hardest to win because the city has immunity unless you can show they had definitive notice of the hole.
I'd take a picture of the pothole and meet with an attorney. A good one will go investigate by checking out the hole and eventually getting records of any complaints that the city had of it.
Is there any permanent injury for your husband? If the damages are merely an ER visit, it will not be worth the price of suit.
I don't see a case here at all. The Tort Immunity Act prohibits suits against municipalities for defects in parks, walkways, playgrounds and other public property. You'd have one year to file suit, but I think this is a waste of time.