“I went to check the reading on the electricity meter, which is on the pole in front of my house. I slipped and fell into the trench that the municipality had dug. The trench was neither secured nor fenced off. I broke my leg. Who is going to pay me?” This is how one of my cases against a small-town municipality began. I wrote about it in A case against the municipality (in Bulgarian). In my experience, many people assume that “nothing can be done” against the state and the municipality and there is no point in suing. But that is not true. As a lawyer for claims against the state and municipalities in Plovdiv and Sofia, I handle such cases; we have won many of them and the clients were satisfied.
What matters in cases against the municipality?
The street in front of your home is owned by the municipality. The owner – the municipality – is liable for damage caused by potholes, broken paving slabs, manholes without covers, uncleared snow and ice, or branches fallen from trees. If you are injured or your car is damaged because of this, the municipality has to pay – for treatment, pain and repairs. I have written about this in Liability for damage from a bad road – whom should I sue? and in Liability of the municipality for damage from uncleared snow (in Bulgarian).
I fell into an open manhole. Who is liable?
The owner of the manhole is liable. Most often this is the municipality. That is why we first establish whose manhole it is and against whom to file the case. Photograph the place at once, before a cover is put on, and call a witness to see everything in person.
Claims against the state and municipalities – when should you look for a lawyer in Plovdiv?
The state and the municipalities are liable for damage that their bodies and officials have caused to citizens and companies through unlawful acts, actions or omissions in their administrative activity. The state is also liable when you were unlawfully detained or charged and the case ended in acquittal or was discontinued. As a lawyer for claims against the state in Plovdiv, I handle such cases against the prosecution service, the Ministry of Interior and other authorities.
People often file complaints with various institutions, for example with the Ombudsman. But they do not award compensation – that takes a court case. More in Can I sue the state? and Lawyer for cases against the prosecution service (in Bulgarian).
Can I claim compensation for damage caused by unlawful actions of the administration?
Yes. The state and the municipalities are liable for damage caused by unlawful acts, actions or omissions of their bodies and officials. Such cases are heard by the administrative court.
What should you do immediately after an incident?
- Call 112 and explain what happened.
- Photograph the place – the pothole, the ice, the manhole – the same day. A week later it may be repaired.
- Write down the names and phone numbers of witnesses.
- See a doctor and keep all medical documents and receipts.
- Do not sign anything the municipality or the insurer offers you before we have read it.
Questions to a lawyer for claims against the state in Plovdiv
I slipped on an icy pavement and broke my arm. Can I sue the municipality?
Yes. The municipality is responsible for maintaining municipal streets and pavements, including clearing snow and ice. Compensation covers both treatment and pain.
My car hit a pothole on the road. Who pays for the repair?
If it is a municipal road – the municipality. If it is a national road – the Road Infrastructure Agency. Photograph the pothole and the car on the spot and keep the repair invoice.
Do I have to file a complaint with the municipality first?
It is not mandatory. You can file a case directly. However, a report to the municipality is useful as evidence that the problem was known.
I was charged for five years and finally acquitted. Can I sue the prosecution service?
Yes. The same applies when the case against you was discontinued. The state is liable for the damage caused by an unlawful charge – for the stress, for the damaged reputation, for the lost job.
How long do I have to file a case?
As a rule, five years. Do not delay – evidence is lost much faster.
If you have questions, contact me. As a lawyer for claims against the state in Plovdiv, I will tell you honestly whether a case makes sense.
Related articles (in Bulgarian)
- A case against the municipality
- Liability for damage from a bad road – whom should I sue?
- Liability of the municipality for damage from uncleared snow?
- Can I sue the state?
- Lawyer for cases against the prosecution service
- Suing the prosecution service without a formal charge?
- Licence plates removed by the traffic police – should I appeal?
More articles (in Bulgarian) in my blog or on the News page at www.advokatdimitrov.com.
I am Rosen Dimitrov, Attorney-at-Law – member of the Plovdiv Bar Association and PhD candidate in civil and family law at the Institute for the State and Law of the Bulgarian Academy of Sciences. Together with my team, I handle cases in Plovdiv, Sofia and throughout the country.
Call or write to me, tell me briefly about your case and we will assess how to proceed. We can meet at the office in Plovdiv or Sofia, or online if needed.
Plovdiv, 2 Nikola Voyvodov Str., floor 1 · Sofia, 66 Vitosha Blvd., floor 4