Common Questions and Answers About Claims 

Question: I was walking within the City limits and suddenly tripped and fell on a cracked section of sidewalk injuring myself. Can I file a claim against the City? 

Answer: 1. No, City Code Section 12.04.010 Duty of property owners states: 

A. It is made the duty and routine obligation of all owners of land adjoining any street in the city to maintain in good repair the sidewalks in front of the land.  

Question: I was driving through the City of Milwaukie and went over a 4-inch pothole that caused severe damage to my front tires and rims.  Can I file a claim against the City? 

Answer: This type of claim usually requires a close investigation due to a variety of issues such as: 

1. Had the City knowledge of the hole and failed to fix it, then yes a claim could be filed. 

2. If the City had no prior knowledge of the pothole and had a system in place to routinely maintain it's roadways, then the driver of the vehicle would be responsible. 

There are roads in the City that are under the control of either Clackamas County or the State of Oregon. 

Some examples are: 

• Clackamas County is responsible for JCB, Stanley (from King north to JCB), Linwood (from Monroe to JCB), Lake Rd. (From Kuen to Harmony), and Harmony (From Lake to East end). 

• State of Oregon is responsible for Highway 224 and McLoughlin Blvd 

As indicated above, the location might be the responsibility of another agency. It is best to contact the City Risk Manager at (503) 786-7504 to find out the responsible agency or contractor when filing a claim. 

Question: The City workers just upgraded/replaced my water meter and now all the faucets and showers in my home are plugged up. Can I file a claim? 

Answer: Under these circumstances, a claim could be filed against the City. An investigation of the incident would be required to determine if the plugged up facets were because of the upgrade/replacement. To get the line cleared, contact the Water Department, (503) 786-7600 if during normal work hours. When this type of after-hours emergency occurs, the home/property owner should call Milwaukie Police Dispatch, phone (503) 786-7500; Dispatch will then contact the City Operations pager carrier to respond. It is the Water Departments practice to respond to all emergencies as quickly as possible. OR During normal work hours the Water Department will respond within 30 minutes when possible to an emergency; after hours, holidays and weekends response time will be within 1 hour. 

Question: During the night, a water main in front of my house broke and flooded my garage causing water damage to the walls and tools. Do I file a claim against the City? 

Answer: A broken water line could be the responsibility of the City or several other agencies depending upon the address where the break occurred. During normal work hours contact (503) 786-7600; if after hours or on a weekend or holiday, the home/property owner should call Milwaukie Police Dispatch, phone (503) 786-7500. Dispatch will then contact the City Operations pager carrier to respond. The home/property owner should contact the City Risk Manager the morning of the next working day to determine claim responsibility. It is the Water Department's practice to respond to all emergencies as quickly as possible. OR During normal work hours the Water Department will respond within 30 minutes to an emergency; after hours, holidays and weekends response time will be within 1 hour. 

Question: The sewer is backing up into my bathroom. The repairperson I called said it's the City's fault. Can I file a claim against the City? 

Answer: Many things can cause a backed up sewer. You should contact the Sanitary Sewer Division at (503) 786-7615 if the incident is during normal work hours. When this type of emergency occurs after-hours, the home/property owner should call Milwaukie Police dispatch, phone (503) 786-7500; Dispatch will then contact the Public Works On-Call person who will respond. The home/property owner should contact the City Risk Manager the morning of the next working day to determine claim responsibility.

Last updated: 10/03/2008