I broke my right ankle in pot hole in our company parking lot, can I sue the owner of building for not repairing the many pot holes in the driveway

Can I sue for my broken anke

Asked on April 2, 2018 under Personal Injury, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

IF you can show that the owner either knew of the potholes (e.g. someone had reported them) or logically *must* have known of them (e.g. the owner has onsite staff who would logically have seen the potholes) and also had sufficient time or opportunity to repair them (i.e. they did not recently form, so that a property owner would not be expected to have fixed it yet), then can sue. You have to be able to establish fault to win a lawsuit, and fault requires that they knew of the problem but despite knowing of it and having the chance to correct it, carelessly or negligently failed to do so. Merely owning the property does not, by itself, establish liability.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.