Cohen, Feeley, Altemose & Rambo
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Cohen, Feeley, Altemose & Rambo personal injury workers' compensation


While it's still winter, and snow and ice covers city streets, soon enough it will be spring. When the ice melts, inevitably drivers will be faced with a road hazard that's potentially even more dangerous than the ice had been: potholes. Unseen potholes can cause severe damage to a driver's car, and may even result in bodily injury if they cause the car to veer off course or stop abruptly. 

Local governments are responsible for maintaining the safety of city streets. So if you get in an accident because of a pothole that you didn't see until it was too late, you can technically sue the government. Whether your lawsuit has a chance at success, however, is more doubtful. That's because in order to argue successfully that the local government was negligent in its failure to repair a pothole, you have to be able to prove that the government 1) knew about the pothole before your accident, and 2) failed to take action in a timely manner to get it fixed. 

Some municipalities are more responsive than others to pothole-related claims. Some may pay for only a portion of the claim, arguing that a driver bears at least half the responsibility for noticing and then driving around a pothole instead of driving straight into it. And some simply dismiss pothole claims without even conducting an investigation. 

If you have been injured as a result of an accident caused by a pothole, you may want to try to bring a claim against the government entity responsible for maintaining the roads. To give yourself the best chance at prevailing with such a claim, however, it's important to enlist the help of an experienced premises liability lawyer. 

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