Potholes, Potholes Everywhere!

Tis the season for potholes... Along with snow and ice, potholes seem to be popping up everywhere this winter. Recently, drivers on the Henry Hudson parkway learned the hard way about the damage that potholes can cars. Dozens of cars ran over a huge pothole on the northbound lane near Dykman Street and suffered massive damages to their tires, rims and suspension.

The question is who will pay for these drivers property damage? Was The City of New York negligent? 

The answer is that it depends... If The City knew about the pothole and had "a reasonable time" to fix the pothole then they had "notice of a dangerous defective condition". If however, no one reported the pothole to The City then they would not have notice and the drivers cannot recover.

The City also has a duty to warn of a dangerous condition with orange cones, flares, signs or anything that may alert a driver to steer clear of the pothole. If the driver had sufficient warning and still hit the pothole then The City is not liable.

If you have been injured in an accident due to a pothole call the Law Offices of Jason B. Kessler at 1-800-346-6254. We will investigate the facts and circumstances surrounding your case and aggressively pursue your rights.