When there is a pothole in a road, cities are responsible for repairing the surface so that it is smooth; potholes on private properties should be repaired by the contractor of the owner’s choice. If you are injured because of a pothole left without repair, you may have grounds for legal action.
Taking Action After an Injury Caused by a Pothole
Potholes pop up from time to time in asphalt and concrete surfaces such as roads and parking lots. If you are crossing the street or making your way from your car to the doors of a business, tripping over a pothole could result in a serious injury. If this happens to you, it is important to contact injury attorneys and take action to protect your rights.
If possible, take photos of the pothole that you tripped over. Having photographic proof of the pothole may help you with a case if you choose to go to court over the condition of the area. You may also wish to ask any witnesses to take their own photos of you and your injury along with the pothole.
Seek Report and Repair Records
If the pothole was located on a public road or street, make a request to find out if the problem had been reported. In some cities, maintenance crews are required to make repairs to the uneven surface within a specific time frame after the situation is reported. If you can find proof that the hole was reported but not repaired in time, you may have a solid case for damages.
Consider Legal Action
Businesses and cities are required to maintain areas that are safe for typical use. If you experienced an injury such as a fractured bone, torn ligament or sprained muscle, your medical expenses could be high. Physical therapy and the other care needed for a complete recovery could add to your costs. If the owner of the property is not forthcoming or challenges your claim, you might consider taking legal action. Attorneys may be able to represent your injury case.