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 cause to 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… If The City of New York 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 of New York, then they would not have notice and the drivers cannot recover monetary compensation.
The City of New York also has a duty to warn peope about dangerous conditions with orange cones, flares, signs or anything that may alert a driver to steer clear of a pothole or other danger on the road. If the driver had sufficient warning and still hit the pothole then The City of New York is not liable.