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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31200
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My wife tripped and fell down in the alley behind our house

Customer Question

My wife tripped and fell down in the alley behind our house and broke her thigh bone on February 5th. As a result, we have incurred thousands of dollars in ambulance and medical fees. The alley has been maintained by the city of Weatherford (Oklahoma) up to a distance of approximately 60 feet from behind our yard where a dumpster sits, but beyond there, has been neglected for many years. Kathy tripped while walking in a tire rut that was 13" deep. When she landed on the "high center" composed of hard clay, her left femur snapped. When the ambulance arrived after I called "911", the western entrance to the alley was in such bad shape, the driver had to turn around and go to the eastern entrance. How do I file a tort claim against the city of Weatherford?
Submitted: 9 months ago.
Category: Legal
Expert:  Roger replied 9 months ago.
Hi - my name is ***** ***** I'll be glad to assist. In order to file a claim under the Tort Claim Act, you must present your notice of claim within 1 year of the incident. The procedure to present your claim is outlined in the following link: https://www.ok.gov/conservation/documents/Oklahoma%20Tort%20Claims%20Act%20[Compatibility%20Mode].pdf
Expert:  Roger replied 9 months ago.
(scroll down to "Presentation of Claim" -- it's about 2/3 down)
Expert:  Roger replied 9 months ago.
You should consider hiring an attorney to assist if you're going to pursue a claim because it can be a complicated process, and there's no question that the city will have more than one lawyer representing it.
Expert:  Roger replied 9 months ago.
The main issue in a situation like this is going to be whether the city knew or should have known that the dangerous condition existed; if so, then there's likely liability present. Also, if the area is in disrepair and is below reasonable standards of maintenance, the city could have liability.
Expert:  Roger replied 9 months ago.
Also, if there was improper lighting, no lighting, etc., that could also be grounds to complain.
Expert:  Roger replied 9 months ago.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!
Expert:  Roger replied 9 months ago.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!