If I turned into a private parking lot main entrance hit a deep pot hole and received a flat tire, is the property owner responsible?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I turned into a private parking lot main entrance hit a deep pot hole and received a flat tire, is the property owner responsible?

It was nighttime.

Asked on December 25, 2015 under Accident Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The property owner may be liable: it depends on how long the pot hole has been there and whether it was in a reasonably obvious place, where the owner could be reasonably presumed to be aware of it. Knowledge of a problem or condition and an opportunity to correct it is necessary to impose liability. If the owner knew or logically must have known of the pothole, and had a reasonable chance to fix it but failed to do so, he can be held liable for the damage the pothole did...though if he won't pay voluntarily, you would have to sue for the money, which may or may not be worthwhile.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption