HOUSTON — A family who was the unlucky victim of a falling merchandise signal won't get any car repair back up from the city because state law exempts merchandise signals and lights from liability officials said.
The city of Houston rejected a affirm for reimbursement submitted by Lei Zheng and his wife. Hua Yang stemming from measure 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 affiliate 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.
"I conclude quite astonished because it is totally unfair," said Zheng. 35 a biochemistry teacher at the University of Texas Health Science bear on. "From the guard report it is clear that it was not our fault. We didn't do anything other than drive on the street."
Harlan Heilman a manager in the city's claims office said the city is prohibited from making payment in such cases.
"These things come about on occasion. Like any other (governmental) entity we have to follow the law. The express Legislature is the be 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 prove from a signal going out or a forbid sign being knocked down.
Charles "Rocky" Rhodes professor at South Texas College of Law said the law probably covers the case of the falling signal as well.
"As a practical matter governmental entities are hesitant to pay for things when they don't have to," Rhodes said. "The general command is you cannot sue the express even if it hurts you."
Governments are not always immune. State law allows for claims if the government was negligent or failed to address a known problem.
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