One more reason why this system sucks
· Sep 10, 09:18 AM

Traffic signal falls on car, city says, “Too Bad, all your traffic signal belong to us.”

HOUSTON (AP) – A family who was the unlucky victim of a falling traffic signal won’t get any car repair help from the city because state law exempts traffic signals and lights from liability, officials said.

The city of Houston rejected a claim for reimbursement submitted by Lei Zheng and his wife, Hua Yang, stemming from last year’s freak accident. Yang and her 4-year-old son were on a shopping trip when the signal fell through the windshield of their Volkswagen Passat. Neither was seriously hurt.

The couple’s insurance company paid their claim and they had the car fixed. But the couple wanted the city to reimburse their insurance deductible and some out-of-pocket medical expenses, totaling less than $2,000.

The city notified Zheng that it was immune from such claims.

They’re claiming immunity. The law they refer to is Texas Civil Practice & Remedies Code – Section 101.060 (a) (2).

(a) This chapter does not apply to a claim arising from: 2) the absence, condition, or malfunction of a traffic or road sign, signal, or warning device unless the absence, condition, or malfunction is not corrected by the responsible governmental unit within a reasonable time after notice; — http://law.onecle.com

However, I would refer them to Texas Civil Practice & Remedies Code – Section 101.022.

If a claim arises from a premise defect on a toll highway, road, or street, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property. — http://law.onecle.com

I still think there’s grounds here for a claim.

This is just ridiculous. It’s obvious the city was negligent with maintenance, yet the law, which is to protect us, prevents the victims from gaining restitution.

Harlan Heilman, a manager in the city’s claims office, said the city is prohibited from making payment in such cases.

“These things happen on occasion. Like any other (governmental) entity, we have to follow the law. The state Legislature is the body that addresses this issue,” Heilman said.

Traffic lights and signs are specifically exempted from liability, with the intent to keep the city from being responsible for accidents that result from a signal going out or a stop sign being knocked down.

And all this for less than $2,000.00.

Dear City of Houston,

Sean M. McGee

Via WOAI.com

Comments

1. A good rule of thumb concerning cases like these: if a small fix in any mechanism is all that is needed to prevent horrible death, then rest assured that someone somewhere is making money off of it being broken.
   
   Nice job, H-town.
   

   — SAP · Sep 10, 07:58 PM · #

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