They show up usually during the spring and summer times in all different shapes and sizes. No we aren’t talking about flowers. Potholes.
Potholes for the most part can be minor and are usually found in parking lots and on city streets throughout the state. However, if left unchecked or untreated, they can become a huge issue for those who ride bikes, motorcycles, and even 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 thought alone could bring up different ideas of just how catastrophic potholes really can be. Further, 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. After that, there very well may be liability for any injuries or damages that result.
Potholes can indeed caus motorcycle accidents, bicycle accidents, and scooter accidents just to name a few. 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!