What You Need to Know About Pothole Liability in Oregon

Since we’re experienced in commercial paving in Central Oregon, we occasionally get questions about potholes that can form in late winter over weak areas on asphalt. Specifically, many owners want to know their own liability for potholes in their parking lots or pathways: Can guests or customers sue in small claims court if they get injured or their vehicles are damaged because of a pothole?


It may not be pleasant to think about, but it is important to understand liability in these circumstances. Here’s what owners in Central Oregon should know.

Driver Fault and Accountability

Remember, it’s possible to sue for just about everything – that doesn’t mean that a suit will be successful! And when it comes to potholes, driver fault can play a large role when it comes to liability.

In other words, if a driver runs over a clearly visible pothole and sustains vehicle damage or industry, at least a portion of liability is their own fault for not taking action to avoid the pothole. That can make a lawsuit very difficult to win or make any headway in court.

Owner Liability and Failure to Act

Business owners and others may face liability with ongoing pothole issues that have not been addressed. In other words, if the owner knew about potentially dangerous potholes and had refused to fix them or refused to warn customers (especially if someone sent them a specific notice about), then a much stronger case could be made at a small claims court or via a lawsuit over personal injury.


Evidence is still very important for cases like these, so there often needs to be a paper trail, related police report, or similar data that shows willful negligence by the business owner.

City Repairs

It’s important for business owners, landlords, and others to find out if specific streets or paths near their property are their responsibility, or the city’s. If a pothole is on a street that the city is responsible for, then it’s the city’s job to take care of it and the owner won’t be liable.


Technically someone could claim damages based on city negligence – these claims are rarely paid out, since it’s difficult to prove, but they can highlight a serious pothole issue.

Finally, Repair Your Potholes in a Timely Manner

The best way to avoid any issues with pothole liability (or angry customers) is to repair potholes as soon as they form. Tri County offers timely asphalt repair in Central Oregon just for situations like this where a quick patch is important for safety.


If there is a section of asphalt that continually develops severe pothole problems, the problem probably goes much deeper than bad weather: It’s time to plan an inspection and replacement with a new asphalt layer on a solid substrate so potholes won’t be as much of an issue in the future!


Remember, if you are looking for a dependable asphalt paving company in Central Oregon, contact Tri County Paving today and we’ll be happy to talk about your next project, arrange for a quote, or schedule work!


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(541) 526-5800

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1689 NW Pershall Way Redmond, OR 97756

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ABOUT

With over 60 years of combined asphalt service experience, our team is a beacon of expertise and reliability in the industry. We've perfected our techniques and forged lasting client relationships based on our dedication to quality and professionalism.

CONTACT

Hours Of Operation

Monday-Friday: 8am to 5pm

Saturday-Sunday: Closed

ABOUT

With over 60 years of combined asphalt service experience, our team is a beacon of expertise and reliability in the industry. We've perfected our techniques and forged lasting client relationships based on our dedication to quality and professionalism.

CONTACT

Hours Of Operation

Monday-Friday: 8am to 5pm

Saturday-Sunday: Closed

(547) 526-5800


1689 NW Pershall Way

Redmond, OR 97756




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