Who Can Be Held Liable for a Pothole Trip and Fall Accident?
Potholes form as roadways or sidewalks deteriorate, creating tripping hazards in the pavement. They can lead to injuries such as sprained ankles, muscle tears, and broken bones. If you are injured because of a pothole, contact a trip and fall lawyer to determine who is responsible for the accident. Here are several entities that may be held liable in a pothole trip and fall incident:
Private Business Owners
Liability for a pothole accident falls on whoever failed to maintain the area with the damaged ground. Premises liability law in Pennsylvania holds property owners responsible for maintaining their premises and taking reasonable precautions to make sure the property is safe for visitors. This responsibility to maintain the property is referred to as a duty of care.
Property owners are responsible for having hazards repaired as soon as possible. If the property owner was aware of the hazard and did not warn visitors or address the risk, they can be held liable. Wear and tear from vehicles driving through parking lots can lead to the formation of potholes. If a business owns the parking lot as part of its premises, the owner may be ruled liable for trip and fall injuries that happen there.
After a trip and fall incident, report the case to someone who is on the premises and seek medical attention, even if the injuries appear to be minor ones. Evidence that connects your injuries with the incident helps support your claim and prove liability. Take pictures of the scene and hazard, and document the time, date, and weather conditions of the accident. Gather medical bills and reports for your lawyer to review, and collect witness statements if possible. These details enable our legal team to support your case.
Private Residence Owners
Property owners of private residences are also responsible for creating safe premises for legal visitors. Legal visitors are individuals who have a specific or implied invitation to be on the property. Potholes can form in private pathways or on the sidewalks in front of the residence. Private property owners, including homeowners and privately owned companies, are expected to keep the sidewalk directly in front of their property clear of hazards. This includes fixing broken property like potholes.
Consult with a lawyer even if you believe you are partially at fault for the trip and fall accident. If you are less responsible for the accident than the other party, you may be eligible for partial compensation. We offer comprehensive case evaluations with an experienced trip and fall lawyer to help determine your options.
During a case evaluation, we will go over the conditions and the evidence of your claim. To determine potential compensation, bring medical and therapy bills, prescriptions, information relating to lost wages, and other factors relating to financial or emotional damages. Economic damages refer to compensation for monetary factors, such as medical costs. Non-economic damages compensate for non-financial factors, such as physical or emotional pain and suffering. We take these factors into account when determining a settlement amount.
Maintenance Companies
Commercial businesses can hire maintenance companies to make repairs to the property and verify that it is in good condition. Services may include fixing potholes in parking lots. The property owner is responsible for hiring the company and adding warning signage if the area is unsafe. If the maintenance team does not repair the pothole in a timely manner, they may be held liable for a pothole trip and fall accident along with the business owner.
Government Agencies
Local municipalities may be held liable for potholes on public roads or sidewalks. In Pennsylvania, the Pennsylvania State or City of Philadelphia governmental agencies may be liable for a trip and fall accident if it happened due to a defect in a city-owned sidewalk. Philly Slip and Fall Guys has experience with injury claims against the state or government.
To file a claim against a city, you’ll need to submit a notice of claim. The city of Philadelphia’s deadline for filing a notice of claim is six months after the accident. We can help you build and submit injury claims without missing deadlines. If the municipality or state agrees to a voluntary mediation meeting, we will work to reach a fair settlement on your behalf. If they decline the meeting, we will take your case to court. We can work with you and local law enforcement to gather additional evidence, strengthening your case to establish liability and negligence.
Meet With a Trip and Fall Lawyer
At Philly Slip and Fall Guys, our lawyers will communicate and negotiate with insurance companies on your behalf. We can use our experience and resources to secure maximum compensation for both past and future pain and suffering. To request a meeting with a trip and fall lawyer, call us directly or fill out our online form today.
