Is the City of Atlanta Liable if You Crash Your Bike Because of Faulty Sewer Grates?
Atlanta Bicycle Accident Legal Issues
You are riding your bike down the street when suddenly your wheel goes into the slats of a sewer grate that is aligned parallel to the flow of traffic, you fly over your handlebars and crash face first in the street. 
This is every rider's nightmare as they ride through the streets of Atlanta and it was the phone call the our Atlanta injury law firm got last week after the victim got out of facial surgery.
The question is, given the sovereign immunity that the City of Atlanta enjoys, is there anyway to hold the City responsible for not aligning the grate perpendicular to the wheels? The answer is fortunately, "yes."
Under OCGA 36-60-5, every time the City installs a new grate on the streets, it is supposed to be oriented perpendicular to traffic for bike safety. Furthermore, sovereign immunity is not a bar because
"[a] municipality is bound to use ordinary care to keep its public streets and sidewalks... in a safe condition for travel...and in case of failure to exercise such care, the city is liable for damages resulting therefrom." City Council of Augusta v. Tharpe, 113 Ga. 152 (1901)
This issue has not only been litigated in the past, but our appellate courts have actually issued some beneficial rulings on the subject and the City cannot have the case thrown out of court on summary judgment. Please find the most relevant case ruling below:
