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Pothole Injuries
Pothole injuries fall under the area of law called premises liability. Members of the public who walk or drive on public land are considered invitees. The premises owner owes a great duty of care to invitees, to protect them from dangers that most people would consider dangerous.
Private property owners, such as those of parking lots, are liable for unreasonably large potholes that cause injury. On the other hand, the government has “immunity” from certain lawsuits. The government oversees a wide expanse of land area. If it were to be sued for every injury, it would quickly be crippled and cease to function smoothly.
Therefore, the government is not responsible for any injury a member of the public may sustain while driving or walking into a pothole. However, the exception is when an average person would be lead to believe that the road had no potholes, such that the person was lead into a trap.
For example, a person may be driving on a newly-paved road, when, all of a sudden, a huge hole 3 feet long and 4 feet deep presents itself in a trap-like way. A person may be walking on a smooth urban sidewalk, never expecting a big hole in the ground. In these cases, there was shoddy repair and a gross deviation from the standard of care.
There are other exceptions to government immunity. The government can be responsible if it had received prior complaints about the area, or if it did not maintain streets as required by ordinance schedules. In New York City, the abutting landowner can be responsible for sidewalk injuries.
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