Philadelphia Pothole Trip and Fall Lawyer

Pothole Accidents make up a significant number of injuries in the United States. This is even truer in our area (the northeastern states), where wear and tear, weather treatments, summer heat, and winter snow wreak havoc on our parking lots, driveways, sidewalks, and roadways. The dreaded pothole has accounted for more injuries than we would like to see. This passage will deal solely with injuries sustained from and the liability for those pothole accidents.

Suppose you are on a busy street, crossing to the other side. There is a pothole in the crosswalk, but you do not see it because of the congestion. The next thing you remember, you are in the hospital. This is a likely scenario in a Philadelphia Trip and Fall Accident involving a pothole. So, what is your duty under these circumstances, and what is the duty of the owner of the roadway (whether it is privately owned, owned by the state, or owned by the city or some private entity)?

Potholes on Private Property

Potholes on property that is privately owned can be a tricky undertaking. The question is, why were you on private property? The reason that you were on the property will tell us what duty is owed to you. Most people are deemed invitees, as there is usually a reason to be on another’s property, and that reason usually involves someone making money from the other person being present on the property, such as in the case a shopper in the parking lot of a store.  However, if you were legally allowed to be present but not conferring a benefit, or illegally present, the duty owed to you will not be as great, making compensation more difficult to obtain in the case of a Pothole Slip and Fall.

A trip over a pothole can cause serious injury. The supposedly liability-related questions the owner asks are typically the same: why didn’t you see the pothole in the first place and avoid the fall. Where were you looking? Don’t you know that you always need to look where you are going? What is not usually an issue, in the mind of the owner, is notice and fault for the pothole being there. Potholes grow larger through time. They do not appear this way either. At The Law Offices of Greg Prosmushkin, P.C., we see many injury cases where the negligence involved the walking surface. Should you or your loved ones including friends need to contact an attorney, call our office for a free consultation.

Lawyer for Pothole Trip and Fall in Philadelphia

If you travel around the northeast, you will undoubtedly see a lot of potholes on streets, parking lots, highways and the like. Many times, if you trip from a pothole on the street, you are either dealing with a local governmental claim (like one against the city of Philadelphia) or a claim against the Commonwealth if the road is owned by the state. They have different burdens of proof in order to be successful with your claim. If you or a loved one has tripped and fallen due to a pothole on the street or sidewalk, you should contact a lawyer to help you understand what you need to make a claim, should it prove necessary. At The Law Offices of Greg Prosmushkin, P.C., our attorneys and staff have handled many cases involving potholes and injuries. If you have any questions, please call us for a free consultation.

This content was written on behalf of Greg Prosmushkin.