Walkway And Pothole Issues
Walkway And Pothole Issues
Overview
The basis for premises liability claims is that a property owner, or other person or entity responsible for the upkeep and maintenance of a property was negligent. They failed in their duty of care to maintain any part of their property and keep it safe for all visitors.
For businesses large or small, walkways are the first thing a customer sees. Whether it’s a local coffee shop or bookstore, or a big-box store like Sam’s Club or Home Depot, properly maintained walkways and parking lots are important to both the business and the customer.
A walkway or pothole injury comes under premises liability claims under South Carolina’s personal injury laws. Premises liability covers the losses from injuries suffered by someone on another person’s property.
Common Causes of Walkway Accidents
Walkways are used almost constantly, especially in retail businesses. Inadequate maintenance, wear and tear, and general weather conditions can lead to issues such as:
• Uneven sidewalks and surfaces
• Cracked, broken, or missing pavement
• Poor lighting
• Loose or damaged tiles or bricks
• Potholes
• Objects left on walkways
• Construction debris
• Overgrown vegetation that obscures walking paths
• Temporary obstacles from ongoing maintenance work, such as tools and equipment
Property owners must either remediate these hazards or put out signs warning passersby of the walkway hazards. If they fail to do either, they may be liable for injuries a person suffers that result from these hazards.
How Potholes Develop
West Virginia’s climate includes all four seasons. Potholes develop when water seeps into small cracks in the pavement, freezes, and then thaws. This repeated freeze/thaw cycle causes minor cracks to expand into larger ones, ultimately leading to the formation of potholes.
By February, the relentless freeze/thaw cycle has significantly impacted the roads throughout the Mountain State.
During the winter months, potholes can be temporarily repaired, but the permanent repairs have to wait until spring. Property owners must either make these repairs or warn visitors—both drivers and pedestrians—about its presence so they can see it and avoid a pothole injury. This is especially dangerous when the asphalt is pitch black, and the potholes aren’t readily visible.
Dangers Of A Walkway Or Pothole Injury
When property owners fix hazards and warn passersby of them before getting them repaired, the risk of accidents is greatly reduced. Regular inspection and repairs mean that the property owners or other responsible parties are alerted to hazards and have the opportunity to make those repairs. However, failing to remediate these hazards may constitute negligence if someone is injured as a result.
Walkway problems and/or potholes can leave someone with serious and painful injuries. Pedestrians and drivers alike are likely to suffer injuries if they are unaware of a pothole and hit or fall into it. Even a small pothole can cause severe injuries, such as:
• Broken or fractured bones
• Cuts, lacerations, and bruises
• Facial injuries, i.e., jaw and eye damage
• Head and neck trauma
• Joint damage
• Soft tissue injuries, such as whiplash
• Spinal cord damage
• Traumatic brain injuries
You could be out of work for weeks or even months, while your medical bills continue to accumulate. But filing a premises liability claim can help you recover financial damages to compensate you for these losses, including:
• Medical expenses, current and future expenses
• Lost wages, current and future
• Property damages
• Pain and suffering
You’ll need to begin working with a personal injury attorney immediately after your accident. West Virginia allows just two years to file your claim. If you do not file your claim within two years of the date of your accident, you will lose your right to seek compensation.
The Love Law Firm has been helping West Virginia accident victims since 2014. Contact us today for a free consultation so we can discuss your claim and your options.
Pothole Injury On Public Roads And Walkways
Whether you suffered an injury while driving down the street and hit a pothole or were walking on a sidewalk and were injured by a pothole or other walkway issue, the rules are slightly different.
You’ll need to establish which municipality or government entity is responsible for the upkeep of the road or walkway. Governmental entities usually have very short time frames for submitting claims for reimbursement. So it’s imperative that if you are planning to file a claim, you act immediately to avoid losing your opportunity for obtaining compensation.
If you’ve suffered a pothole injury on a public road or have other types of premises liability claims on public property, get in touch with our office today to begin working on your claim. You may have less than two years to file, and possibly as little as 30 days.
Walkway Or Pothole Injury? Let The Love Law Firm Help With Your Claim
Premises liability claims in West Virginia are complex and need someone with the kind of personal injury experience to ensure the best possible outcome.
Attorney Chad Love has been helping injured people since 1997 and formed The Love Law Firm in 2014. For a personal injury and premises liability lawyer with extensive experience in these cases, contact the Love Law Firm today at (304) 344-5683 for a free consultation.
Phone:
(304) 344-5683
