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View Full Version : States Obligation to fix pot-holes



67-400
04-01-2008, 07:36 PM
Some of you may remember a thread I posted a while ago about my bent rim due to a big fuggin pothole in front of Culvers on State HWY 100. As its not JUST me bending a rim, but many many others.......I had done some searching online. Thought i'd share with ya the "Legalities" that I had found. Check out this link. I think its pretty informative. Unless i'm misunderstanding, we should ALL get our $$ back. I'm still in pursuit of mine!


http://www.usroads.com/journals/rilj/0011/ri001102.htm

Section 81.15, Stats., provides in part:
Damages caused by highway defects; liability Damages caused by highway defects; liability of town and county. If damages happen to any person or his or her property by reason of the insufficiency or want of repairs of any highway which any town, city or village is bound to keep in repair, the person sustaining the damages has a right to recover the damages from the town, city or village. If the damages happen by reason of the insufficiency or want of repairs of a highway which any county by law or by agreement with any town, city or village is bound to keep in repair, or which occupies any land owned and controlled by the county, the county is liable for the damages and the claim for damages shall be against the county.... The amount recoverable by any person for any damages so sustained shall not exceed $50,000. The procedures under s. 893.80 shall apply to the commencement of actions brought under this section. No action may be maintained to recover damages for injuries sustained by reason of an accumulation of snow or ice upon any bridge or highway, unless the accumulation existed for 3 weeks.

DirtyMax
04-01-2008, 07:39 PM
I was watching the news a few weeks ago. Some lady wrecked a rim and tire in Brookfield in a brand new car when she drive over a pothole. She went to the council meeting and they told her to get bent... no pun intended. They must not have gotten the memo.

Karps TA
04-01-2008, 07:44 PM
Section 1.01 states that the government can and will do whatever is necessary to forcefully bend over it's constituents whenever and by whatever means possible. Ignorance is not an excuse to not follow the law, unless of course the ones ignorant are the writers of said law.

This section trumps all other sections.

Slow Joe
04-01-2008, 08:10 PM
I was watching the news a few weeks ago. Some lady wrecked a rim and tire in Brookfield in a brand new car when she drive over a pothole. She went to the council meeting and they told her to get bent... no pun intended. They must not have gotten the memo.

Yup, I saw this too... Funny thing is that she was only asking for the reimbursement of her deductable... Not even for all of the damages...

wikked
04-02-2008, 10:01 AM
Yea I saw on the news a few weeks ago about a Pothole on Capitol drive that like 7 cars bent or broke something on, in a matter of a few hours.

The reporter said: "also a reminder that the city is not liable for the damages caused by potholes"

shit is weak!

Waver
04-02-2008, 10:03 AM
well they are fixing them now, the last two nights I have been comming home at about 11 pm or later and I see the crews fixing them, well at least on browndeer rd

michelle
04-02-2008, 11:57 AM
I hope you are able to get reimbursed for your wheel. I'm sure it won't be an easy process though.

HAMRHEAD
04-02-2008, 12:27 PM
Get a lawyer and add court expenses to your lawsuit like they do. Then call the news media to make a stink.

slickwilly
04-02-2008, 12:58 PM
I have noticed a lot of potholes being fixed, but the problem is they only spend about 30 seconds on each one and so it's a shitty job. Better than nothing, but they could at least smooth it out a bit.

Chalky
04-02-2008, 02:04 PM
Keep in mind that Jim Doyle stole something like $700 million out of road budget for teachers.

I have no issues with teachers, just an issue with a slimeball taking money needed for highway projects and using it someplace else.

Wonder if a lawyer would take this case? Seems like someone could be held accountable.