After we told you about a man suing the city of Dallas because his car was damaged by a pothole, many of you asked: Would the city ever pay for that kind of damage?
A letter from the City of Dallas to John Everhart said it’s not liable for damages to his car because of the Texas Tort Claims Act.
We asked the City’s Office of Risk Management about that, as well as Ellen Pryor, an Associate Dean of the UNT Law School.
The City told us it has never paid for damages to a car from a pothole because the city has "Municipal Immunity."
Professor Pryor told us there are cases where a city could be held liable, say if the hole in the road was caused by an excavation, but those cases are relatively rare and hard to prove.
So, unless your circumstances are unusual, generally – no – the city likely won’t pay for the pothole damage to your car.
City of Dallas, Office of Risk Management
Ellen Pryor, Associate Dean at UNT Law School
Texas Tort Claims Act
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