Do I have a valid claim against a township if I hit an unmarked pothole and busted both the front and rear right tires?

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Do I have a valid claim against a township if I hit an unmarked pothole and busted both the front and rear right tires?

The pothole was just off the white line and was about 8″ deep. I reported it to the township and they did know about the pothole but say they are not responsible. The area was under some water and it was still raining at the time I hit it. It should have been marked it seems in a area at a turn that floods easily and you can’t see the white line. Is the township not responsible; it was a township road.

Asked on December 10, 2012 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The township may be resonsible if you reported it to them sufficiently in advance of the accident that they reasonably had the opportunity to do something about it. If you only reported it shortly before the accident or after the accident, they most likely would not be liable.


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