If a road is owned and maintained by a golf course but it has many pot holes, is the golf course owner responsible for damage to cars that hit them?

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If a road is owned and maintained by a golf course but it has many pot holes, is the golf course owner responsible for damage to cars that hit them?

Asked on October 12, 2015 under Accident Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The golf course owner may be liable if it can be shown that the owner actually knew of the potholes e.g. there had already been claims against him for pothole damage and/or people had complained about the road or that any reasonable owner in his place would logically have known about them for example, he personally drives this road regularly, so he'd have to see the potholes. If he knew or reasonably should have known about the potholes but, knowing of them, still failed to do anything about them, that failure, in the face of knowledge of a hazard, may be negligent, or unreasonably careless, and so make him liable. 


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