It seemed like an open and shut case. Last year in Chicago, a rusty, 300-lb. utility pole broke and then crashed into Kyra Puetz’s car, which was parked underneath. The accident caused dents, scratches and glass damage (1).
But despite the rust that caused the breakage and the neighbor’s doorbell camera recording the whole thing, the city denied Puetz’s claim for nearly $3,000 in damages for his car.
“It’s kind of crazy that the city isn’t taking responsibility for this,” Puetz said. CBS News.
Or other similar situations. From 2021 through early 2026, fallen light poles resulted in 64 damage claims ($1.2 million total). CBS News discovered. The municipality paid only two claims; $9,300 in total. Six applications are still pending. The rest were rejected.
This reveals how difficult it is to win a lawsuit against a municipality, and why you must go to great lengths if you want to fight City Hall and win.
The city was told Puetz’s claim was denied because no one warned them about the rusty utility pole and the need for repairs.
This is in line with what legal experts cite as one of the main hurdles to suing a city for personal injury or property damage: proving that the incident was caused by the city’s negligence (2).
A case in Wildwood, New Jersey, earlier this year resulted in a similar outcome (3). Plaintiff’s foot became stuck in a water meter pit with a loose lid, causing her to trip and fall, causing multiple injuries to her left shoulder and foot, requiring surgery.
However, the court ruled that the municipality could not be considered negligent since no safety problems were reported regarding the cover of the water meter pit (4).
In addition to proving negligence, many city governments enjoy something known as “sovereign immunity”; This essentially makes it illegal to sue them unless under certain circumstances, which can vary from state to state.
For example, a local law firm in Chicago stated that proving simple negligence was not enough to sue the city (5). They explained that you must prove “deliberate and wanton conduct” that caused harm or “a conscious disregard” for public safety.
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One example of this, they added, is the case of police brutality, which shows that the bar is high in cases against some municipalities.
For those who successfully file a lawsuit, the amount of compensation you may receive is generally subject to state-by-state caps (6).
However, sometimes justice prevails. In 2022, an elderly woman in Charlotte, North Carolina, was damaged by a sewage leak in her home and demanded $65,000 to cover the damage (7).
The city denied his request and offered him $45,000 if he relieved them of liability, which he signed. But an appeals court ruled this month that the deal was “obtained through undue influence” by the city; because the woman felt under pressure because she might otherwise lose her home. The woman now has the authority to sue the municipality to recover damages.
Legal experts warn that the clock is already ticking for those who want to sue their municipality for damages or personal injury.
Most locales have expiration periods and deadlines measured in weeks and months, not years. It is important to set all your local deadlines for moving a case forward; Because if the law in your jurisdiction says you missed your window, your case is over before it even begins.
Therefore, you must act quickly, including immediately contacting an attorney and filing a lawsuit against the city. Morgan and Morgan’s personal injury firm says the city will either accept your claim, deny it, or offer to negotiate; the last two options are the most likely outcome (8).
Assuming they deny your claim and you continue to sue the city, most recommend that you provide as much photo or video evidence as possible, as well as statements from witnesses or others who suffered similar violations. Medical or professional evaluation records indicating the severity or injury or property damage sustained may also be helpful.
Some also recommend using expert witnesses, whether a doctor or someone with a specific knowledge base relevant to your claim, to speak on your behalf; however, the services of these witnesses can be costly, as well as attorney and court fees (9) and must be weighed against any caps for damages that may apply in your jurisdiction.
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CBS News (1); Legal Clarity (2),(6),(9); Google Scholar (3); capehart (4); Chicago Lawyer (5); US Court of Appeals for the Fourth Circuit (7); Morgan and Morgan (8)
This article was first published on: moneywise.com under the title: Chicago woman says the city is a “crazy” city and won’t pay for the damage after a 300-lb. pole hit her car. Why is it so difficult to sue City Hall?
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