It seems like an open and shut case. Last year in Chicago, a 300 lb rusty light pole broke – and then crashed into Kyra Puetz’s car, parked below. The collision dented, scratched and damaged the windows (1).
However, despite the rust causing the crack and footage from a neighbor’s doorbell camera capturing the entire incident, the city still denied Puetz’s request for approximately $3,000 in damages to her car.
“It’s crazy that the city isn’t responsible for that,” Puetz said. CBS News.
Or other similar cases. From 2021 to early 2026, falling light poles caused 64 damage claims with a total value of 1.2 million USD, CBS News was discovered. The city only paid two claims – for a total of $9,300. Six claims are still pending. The rest were rejected.
This shows how difficult it is to win a claim against a municipality and why it will likely take a lot of effort if you want to fight City Hall and win.
According to the report, the city told her that Puetz’s request was denied because no one warned them about the rusty light pole and the need to repair it.
That’s consistent with what legal experts note is one of the main hurdles in suing a city for personal injury or property damage: proving that the incident was caused by the city’s negligence (2).
A case that occurred earlier this year in Wildwood, New Jersey, had similar results (3). The plaintiff’s foot got caught in a water meter hole with a loose cover, causing her to trip and fall and suffer multiple injuries to her shoulder and left foot, requiring surgery.
However, the court found that the city could not be found negligent because it had not been informed of any safety issues with covering the water meter pit (4).
In addition to proving negligence, many municipal governments also enjoy what’s called “sovereign immunity” — essentially making it illegal to sue them except under specific conditions that can vary from state to state.
For example, in Chicago, a local law firm noted that simply proving negligence is not enough to sue the city (5). They explain that you must prove “willful and wanton misconduct” that caused harm or demonstrated “intentional disregard” for public safety.
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One example, they added, is an example of police brutality that illustrates the high standard for lawsuits against some municipalities.
And for those who are able to successfully file a lawsuit, the amount of damages you may receive often depends on the applicable state-by-state limits (6).
That said, sometimes justice still prevails. In Charlotte, North Carolina, in 2022, an elderly woman experienced raw sewage overflowing into her home, and she requested $65,000 to cover the damages (7).
The city denied her request and offered her $45,000 if she released them from liability, which she signed. However, an appeals court ruled this month that the settlement was “obtained by undue influence” by the city, because the woman felt pressured because she could lose her home otherwise. The woman can now sue the city for damages.
For those wanting to sue their municipality for damages or personal injury, the clock is ticking, legal experts warn.
Most localities have statutes of limitations and filing deadlines measured in weeks and months, not years. It is important to determine all your local deadlines for bringing the case forward because if the law in your jurisdiction says you have missed the mark then your case will be over before it has even begun.
That’s why you must act quickly, including contacting an attorney immediately and filing a lawsuit against the city. Morgan and Morgan Casualties says the city will accept, deny, or offer to negotiate your claim – with the latter two options being the most likely outcomes (8).
Assuming they deny your request and you proceed to sue the city, many recommend providing as much photo or video evidence as possible, as well as any statements from witnesses or others who have experienced similar violations. Records of medical or professional evaluation showing the severity or any injuries or property damage may also be helpful.
Some also recommend hiring expert witnesses – perhaps a doctor or someone with a specific background relevant to your claim – to speak on your behalf, although their services can also be costly (9), in addition to attorney and court costs, and should be weighed against any damages limits that may apply in your area.
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CBS News (1); Clear legalities (2),(6),(9); Google Scholar (3); Capehart (4); Chicago Attorney (5); United States Court of Appeals for the Fourth Circuit (7); Morgan & Morgan (8)
This article originally appeared on Moneywise.com with the title: Chicago woman says “crazy” city won’t pay for damages after 300-lb. crashed into her car. Why is it so difficult to sue City Hall?
This article is for information only and should not be construed as advice. It is provided without warranty of any kind.
