Falling on a pothole in Philadelphia can cause serious injuries, from sprains and fractures to long-term medical issues. If you get hurt, you might wonder if you can sue the city or a property owner. The answer depends on several factors, including where the pothole is, the evidence you have, government protections, and time limits for filing a claim. This guide will explain what you need to know about pursuing a pothole injury case in Philadelphia.
Location of the Accident
One of the first things to consider is where the pothole is located. If the pothole is on a public road or sidewalk, filing a claim can be more complicated because government agencies have legal protections called governmental immunity. These laws are designed to limit liability for accidents on public property.
If the pothole is on private property, such as a parking lot or a privately owned street, you may have a stronger case. Property owners are generally responsible for keeping their property safe and can be held liable for injuries caused by hazards they knew or should have known about.
Evidence of Negligence
To have a valid claim, you need to show that the city or property owner was negligent. Negligence means failing to take reasonable steps to prevent harm. For a pothole injury, this might mean showing that the pothole was dangerous, that the responsible party knew or should have known about it, and that they did not fix it or warn people in a reasonable amount of time.
Supporting your claim requires evidence. Photographs of the pothole and the surrounding area can show the hazard. Witness statements can confirm how the accident happened. Medical records can demonstrate the severity of your injury, and documentation like repair requests or maintenance reports can show that the issue was ignored. You also need to connect your injury directly to the pothole and show that you suffered damages such as medical bills, lost wages, or pain and suffering.
Governmental Immunity
Governmental immunity protects public agencies from being sued for accidents on public property, but there are exceptions. In Pennsylvania, the Political Subdivision Tort Claims Act outlines these rules. Under the act, a city can be held liable if it had actual notice of the pothole and failed to take action within a reasonable time. Actual notice can mean the city knew about the pothole or that it was obvious enough that they should have known.
Another exception is if the city created the dangerous condition or failed to follow safety rules while maintaining streets. For example, if a city is contracted to repair a street and performs its work negligently, it may be held responsible for resulting injuries. The streets exception specifically states that liability exists when a dangerous street condition creates a reasonably foreseeable risk and the agency had notice in time to address it.
Time Limits on Filing a Claim
Timing matters in pothole injury cases. In Pennsylvania, the statute of limitations for most personal injury claims is two years. If your claim is against a government entity, you usually have only six months from the date of injury to file a notice of claim. Missing these deadlines can prevent you from recovering compensation. Acting quickly helps protect your legal rights and allows you to gather evidence while it is fresh.
How a Lawyer Can Help
An experienced personal injury lawyer can review your case, collect evidence, and determine whether the city or property owner may be liable. They can explain the exceptions to governmental immunity and guide you through filing a notice of claim or a lawsuit if necessary. Having legal support can increase your chances of receiving compensation for medical expenses, lost income, and other damages.
If you have been injured from falling on a pothole in Philadelphia, it is important to act promptly. Collect evidence, document your injuries, and contact a personal injury lawyer to discuss your case. Understanding where the accident occurred, the type of negligence involved, and government protections can help you determine whether you have a strong claim. Call a Philadelphia personal injury lawyer at Quinn Injury Lawyers today to explore your options and protect your right to compensation.