Who is responsible for maintaining safe roads, sidewalks, and bike lanes?

Understanding Liability in Public Safety Claims: A Look at Saad v. Town of Surf City

When it comes to public safety, municipalities have a responsibility to maintain safe roads, sidewalks, and bike lanes. If they fail to do so, they can be held accountable for any injuries that result. In the case of Saad v. Town of Surf City, a recent North Carolina Court of Appeals decision, the Court clarified important issues related to municipal negligence and gross negligence claims. If you’ve been injured due to an unsafe public roadway, this case provides valuable insight into how a North Carolina court will evaluate your negligence claim against the government entity that allowed the unsafe condition to exist. 

Case Overview: What Happened in Saad v. Town of Surf City?

In Saad v. Town of Surf City, Adam Saad filed a lawsuit after suffering serious injuries when his electric scooter struck an unmarked, excavated section of a bicycle lane. In July 2019, before Saad’s injury, the Town of Surf City had begun utility work which involved excavating the bike lane on State Highway 210. The area was backfilled with dirt and stone but had not been repaved, and there were no warning signs, cones, or barricades to alert cyclists of the dangerous condition.

On the night of July 27, 2019, Saad was riding his electric scooter in the bike lane when he hit the uneven, unmarked surface, causing him to fall and sustain injuries. Saad filed claims of negligence and gross negligence against the Town, arguing that the lack of proper warnings led to his accident. 

Gross Negligence: The Court’s Ruling

The Court began by addressing the claim of gross negligence, which involves wanton or reckless behavior with disregard for others’ safety. The Court ruled that there was no evidence suggesting that the Town acted with “reckless indifference” or a “bad purpose.” As a result, the Court upheld the trial court’s decision to throw out Saad’s gross negligence claim. For victims pursuing a gross negligence claim, this ruling highlights the need to show evidence of intentional or highly reckless conduct.

Negligence and Negligence Per Se: Key Takeaways for Victims

On Saad’s claims of negligence and negligence per se, the Court ruled in favor of Saad. The Court determined that municipalities can be held responsible for defects in public roadways when they fail to meet their duty to maintain safe conditions for the public. In this case, Saad provided evidence that the Town knew about the unpaved condition of the bike lane and failed to warn potential bike lane users. This established a potential breach of duty, a critical element of negligence claims.

Additionally, Saad argued that the Town violated a public safety ordinance (Surf City Code Section 16-47), which mandates that anyone who causes an excavation must place proper warnings to protect the public. The Court noted that this ordinance is a public safety statute, intended to protect people like Saad, who could be injured by the municipality’s violation of the ordinance. Finally, the Court ruled that whether the Town’s violation of this ordinance proximately caused Saad’s injuries was a question for the jury.

What Does This Case Mean for Personal Injury Claims?

If you’ve been injured due to unsafe conditions in a public space, like a street or sidewalk, this case underscores several key points that could impact your ability to pursue a successful personal injury claim:

1. Municipal Liability: Municipalities maybe held responsible for injuries if they fail to maintain public roadways. This includes bike lanes, sidewalks, and crosswalks.
2. Negligence Per Se: Violations of public safety ordinances can establish negligence per se, making it easier to prove that the municipality was negligent in your case.
3. Proximate Cause: Even if a municipality violates an ordinance, proving that this violation directly caused your injuries is crucial. The Court emphasized that this is often a matter for the jury to decide.
4. Contributory Negligence: In North Carolina, if you were partially at fault in the accident that caused your injuries, you would not be entitled to damages. However, Courts usually leave negligence determinations to juries and the Court in Saad followed that practice.

What to Do if You’ve Been Injured Due to a Municipality’s Negligence

If you’ve been injured due to unsafe conditions in a public area, it’s important to understand your legal rights and the potential for holding a government entity accountable for negligence. While governmental immunity may protect municipalities in certain cases, the proprietary function exception could allow you to recover damages. In Saad v. Town of Surf City, the Court found that the Town could be liable because the excavation work was related to a proprietary function (the maintenance of the sewer system), meaning it wasn’t protected by immunity.

Contact an Experienced Personal Injury Lawyer

If you’ve been injured due to unsafe road conditions, an experienced personal injury lawyer can help you navigate the complexities. At Johnson & Groninger PLLC, we hold government entities accountable for dangerous conditions that put the public at risk.