Legal Question in Civil Litigation in Iowa

Motorcycle crash due to large hole in the road

I was driving my Suzuki sv650 to a movie on a mall's street. The road has a huge 'hole' pavement is ripped up about 4 in. deep, 6 ft wide, 9 ft long. Blocks of concrete and dirt are scattered inside it. i wiped out upon hitting it and it scratched up my bike, broke rear brake pedal, fractured my finger. This was at 9:45pm, there are no warning signs or cones, it is not lit either. I took pictures of the scene as well as my bike and got a written statement from a security guard i spoke with that night regarding the incident for proof. my friend i was following to the movie was in a car and saw the whole thing so he was a witness. I asked employees of the mall how long this hole had been there and they stated for more than a month as it has grown larger. I don't understand how there aren't any lights on it, cones, or warning signs. Is the mall liable, can I get them to fix my bike? I have pictures I took that night as well as during the day for better visibility. Luckily I was only traveling 10mph and the speed limit is 20, with the warmer weather approaching more bikers will be riding, i'd hate to see someone hit that at night going any faster as it probably wouldn't end well. Do I have a case, where do i go from here?


Asked on 3/18/08, 1:14 am

1 Answer from Attorneys
Stephen Lombardi Lombardi Law Firm

Re: Motorcycle crash due to large hole in the road

Interesting problem and it seems to me to be easily resolved with the mall owners' property casualty company. It's good that you have photographs. Did you take any with a tape measure showing the size and depth of the hole? Was this a construction area? Or just a failure to do routine maintenance? Do you have the names of the employee of the mall leasees who have knowledge about how long the hole was present? Seems to me you have a case and should see an attorney to pursue a claim either with the mall's insurance company or in court. You've done a pretty good job of securing the evidence and that is crucial. Good work! You're hired! Steve

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Answered on 3/18/08, 10:04 am


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