UPDATED: Sep 30, 2022
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I was pulling out of an establishment and
my car fell in a big pot hole Wich has
caused a lot of damage to my driveline I
think . There was a grinding sound when it
hit the hole and now it sounds like its
Asked on March 2, 2017 under Accident Law, Oregon
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The owner of the parking lot or road (including potentially the city or county) may be liable (that is, financially responsible) IF you can show that they had actual notice of the problem (that is, people have made complaints about the pothole) and a reasonable chance (enough time, while weather permits, after the complaint(s) to have reasonably fixed it) but failed to so do. You need to show both that they knew of the problem and then negligently (carelessly) failed to correct it despite the opportunity to do so.
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