Tuesday, February 24, 2015

Is PennDOT legally liable for pothole damage?


If you’re injured or your car is damaged because you hit a pothole on a state road, can you sue PennDOT?

The short answer is: Don’t bother. Unless you have a truly exceptional case, you won’t win.

State sovereign immunity law bars reimbursement for property damage due to potholes, according to the agency.

“Because of this, no reimbursement has ever been made for a claim of this type,” PennDOT says on its website.

The law doesn’t explicitly bar personal injury claims resulting from potholes. However, it sets the bar for a successful claim very high.

You would have to show that the state had “actual written notice” of a dangerous road condition and time to correct it, and that it was reasonably foreseeable that the condition could lead to your accident and injury.

“The injured party bears the burden of proof on all points,” the Allentown Morning Call noted in 2014.

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