Legal Question in Personal Injury in Ohio

Pothole caused motorcycle accident in apartment complex parking lot

I was involved in a motorcycle accident in the parking lot of my apartment complex Saturday morning. I was going between 10-15 mph when I hit a pothole that was approximately 8-9 inches in depth at the deepest point and about three feet wide. This hole was in the middle of the parking lot lane. I lost control of my motorcycle upon hitting the hole, apparently grabbed some throttle as I was falling from the bike, and rolled into a cement curb. My medical injuries are minor: a lightly bruised kidney and some inflammation and abrasions to my legs. The bike however, suffered approximately $3500 in damage due to all the plastic fairing and that was involved.

The apartment complex had identified these potholes (there are 10 or so like this throughout the complex) by spray painting a circle around each one more than a month ago. Their defense on why they were not fixed earlier was because their contractor told them they would not be able to fix them until today (which is coincidentally the first business day after my accident and them receiving notice that there would be a lawsuit filed).

Are they not at fault here, seeing how they knew about a very dangerous condition for more than a month, yet they did nothing to fix it?


Asked on 4/30/07, 6:26 pm

1 Answer from Attorneys
Bradley Miller Miller Law LLC

Re: Pothole caused motorcycle accident in apartment complex parking lot

The contractor not being able to get to them until a certain time is not a defense to premises liability. Most likely you would be considered a "business invitee" on the complex because the management is holding the property out for the use of the public. If this is the case, then the property management company has a duty under Ohio law to not only inspect the complex for dangers, but to warn people of them. I am not sure that spray painting a circle around the spots would be considered adequate warning. In fact, by circling the holes, the company is showing that it had notice of the problem. If you are aware of a problem, generally you are required to fix it.

Based strictly on what you have stated in your question, there is a strong possibility that the apartment complex is liable to you for your damages, which would include both your physical injuries and property damage to the motorcycle.

I suggest you speak with an attorney to discuss your options and help you weigh the positives and negatives of all possible courses of action. It is likely the complex has some sort of liability insurance, and so an attorney may be able to get the insurance to cover your damages. Or you might have to file a lawsuit against the apartment complex to get compensated, and in that case an attorney can help you proceed with your claims.

If you have any further questions, feel free to contact me.

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Answered on 4/30/07, 8:59 pm


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