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

Answers:

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.


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