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?

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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 8 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.


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