Pothole Accidents: Who is to blame?
They show up usually during the spring and summer times in all different shapes and sizes. Unfortunately, we are not talking about foliage, but rather, potholes. Potholes can be minor and are usually found in parking lots and on city streets throughout Florida. But, if left unchecked or untreated, they can become a huge issue for those who ride bikes, motorcycles, and scooters. Imagine someone riding their motorcycle and hitting a puddle–only to discover that the puddle was actually a 6 inch (or bigger) pothole? The injuries can be very dangerous and can even lead to death on certain occasions. Who is to blame for the pothole in the first place? Pothole claims are essentially “premises liability” claims. As such, in order to bring a claim for injuries or damages, one needs to prove that the private landowner, City, County or State had “notice” of the pothole and its potential dangers. How long was the danger existent? Did the owner actually know of it, or with the length of time should they have known of it? Where was the pothole located? How deep, large or serious was the danger? How serious are the injuries? The City is a big area, and the streets officials are not required to discover a pothole as soon as it occurs. The law employs a reasonable time frame for discovery. Be sure to always stay alert while out and about and don’t ever trust a puddle that you feel could be deeper than maybe a few inches. Ride Safe! If you or a loved one has been injured in an accident caused by unsafe or dangerous road conditions, The Law Offices of Andres Oliveros may be able to help. We will work hard to get you the justice you deserve. An unsafe roads case is not always the easiest to prove, so you will need a dedicated professional to listen to your case and your injures, examine the scene of the accident and gather evidence for the case. Call us right now at (888) 467-0312. The Law Offices of Andres Oliveros – Justice with Integrity.