Lawsuits Against the City of Atlanta

Generally

There are many types of personal injury lawsuits that are pursued against either a corporate or individual defendant. Sometimes a municipality is the potential defendant in a lawsuit because a city, county, or state governmental entity has done something wrong that has caused a serious injury or death. The City of Atlanta is an entity that can sue and be sued and the City has been involved in a great amount of litigation due to its far-reaching sovereignty. Almost 500,000 people live in the 134 square miles that compromise the City of Atlanta territory. Any entity that covers that much territory and is home to that many people is bound to be involved in a lot of litigation, and the City of Atlanta is no exception.

Types of Claims Against the City

There are a number of claims that are brought against the City of Atlanta every year. Most of them fall into the following major categories:

• Claims against the City for unsafe conditions in and around buildings, side walks, driveways, streets, and other areas controlled by the City of Atlanta that are not maintained in a safe condition.

• Claims against the City for unsafe conditions related to water meters and roadway hazards that are left in an unsafe condition despite notice to the City of the danger of the condition.

• Suits against the City of Atlanta police department for police brutality, wrongful arrest, shootings and other police misconduct.

• Claims for injuries caused by unsafe conditions or negligence in the portions of the the Hartsfield-Jackson Atlanta International Airport that are owned and operated by the City of Atlanta.

• Water damage to homes and businesses caused by City of Atlanta sewage, which has not been kept up to the standards necessary to ensure that homes are not ruined by sewage overflows.

• Traffic accidents caused by the City of Atlanta’s failure to keep intersections clear of debris, foliage, dead or diseased trees in or on the side of the city streets, obstructed signs, and similar unsafe conditions.

• Breach of contract cases that stem from the City of Atlanta breaching contracts with businesses that supply goods and/or services to the City.

This is not an exhaustive list. Many claims against the City do not fall into a neat category, but are viable lawsuits nonetheless. There are, however, some types of cases that cannot be pursued against the City. Therefore, if you have been injured or have a potential claim against the City of Atlanta, you should seek legal advice as soon as possible to protect all of your legal rights.

Prior to suing the City of Atlanta, the injured plaintiff must send written notice of the claim to the City. This is governed by the Georgia Civil Practice Act. O.C.G.A. § 36-33-5 provides:

Written demand prerequisite to action for injury to person or property; time for presenting claim and for consideration by governing authority; suspension of limitations

1. No person, firm, or corporation having a claim for money damages against any municipal corporation on account of injuries to person or property shall bring any action against the municipal corporation for such injuries, without first giving notice as provided in subsection (b) of this Code section.

2. Within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person, firm, or corporation having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury. No action shall be entertained by the courts against the municipal corporation until the cause of action therein has first been presented to the governing authority for adjustment.

3. Upon the presentation of such claim, the governing authority shall consider and act upon the claim within 30 days from the presentation; and the action of the governing authority, unless it results in the settlement thereof, shall in no sense be a bar to an action therefor in the courts.

4. The running of the statute of limitations shall be suspended during the time that the demand for payment is pending before such authorities without action on their part.

If you a potential lawsuit against the City of Atlanta and would like a free case evaluation, please call Robert J. Fleming directly at (404) 525-5150. We are here to help.