Who Is Responsible for Automotive Property Damage Caused By Potholes?

by | February 10th, 2014

The expansion and contraction of asphalt caused by this winter’s inclement weather, combined with the relentless pounding provided by heavy traffic, has created a large number of potholes in streets throughout the city of Cleveland. Several citizens have claimed these infrastructure defects are to blame for hundreds, in some cases thousands, of dollars in Automotive Property Damage.

The issue has left many citizens wondering what can be done to hold the city accountable for these damages and a recent article from 19 Action News provides some answers. The report indicates that in order to make the city pay for property damages to a vehicle caused by a pothole, the owner of the vehicle must prove that either the city caused the damage or the city knew about the pothole but did nothing to repair it for more than seven days.

This raises further questions regarding how a motorist can prove the city failed to take action within a seven day period. The Mayor’s office stated this can be achieved by contacting the city’s law director and making a public records request; however, policies may change with the jurisdiction.

The Ohio Personal Injury Lawyers with Nurenberg, Paris, Heller & McCarthy recognize the expenses that can accompany damage done to a vehicle and encourage citizens to take the action that is necessary to hold the responsible parties accountable for their actions.