Legal Question in Personal Injury in United States
i had a tire blowout in parking lot of post office, put in a tort claim with post office. are they liable, huge pothole on their property?
8 Answers from Attorneys
Good luck. Flat tires are a part of driving. No claim here - suck it up. You will have worse problems in the future, with no claim for them either.
I would agree with Mr. Aspinwall: almost certainly no claim here, especially with no injuries. But good luck!
Cary B. Hall, Esquire
Law Offices of Cary B. Hall, L.L.C.
121 East Chestnut Street, Suite 205
Souderton, PA 18964
T: (267) 663-9995
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http://www.carybhall.com
While there are exceptions for hidden, negligently unrepaired dangers, drivers are generally responsible for looking where they are going and avoiding things like potholes (especially a pothole that is "huge" and obvious).
It is hard to imagine having a blow out as a result of a pothole in a parking lot. You should be driving very slow in a parking lot and at low speed tires in good condition should be able to handle even large potholes. If the pothole was so big then you might have to explain why you did not see it. Was it because you were going too fast? You are going to have a hard time with your claim, to say the least, and the damage involved is so minor you should forget about it and keep your eyes open for such holes when driving, particularly in parking lots where there are pedestrians and cars backing up. The good thing is that your claim might get the pothole fixed quickly so you provided a great public service by making the claim.
I agree with the other answers here. It is unlikely such a claim would be paid.
It all depends on the size of the pot hole and whether or not it was open and obvious. Your speed would also be a factor. Keep in mind that since this is Federal Property it comes under the Federal Tort Claims act and certain procedures must be followed to make such a claim.
I doubt you have a claim. If, and that's a huge whopping if, you could prove negligence on the part of the Postal Service, you would also have to get over the fact that you drove over a pothole. Then you would have to prove that the pothole caused your flat tire. Then you would have to prove the value of the tire. You are free to go for it. However, I suggest you do as the first expert suggested - 'suck it up'
I would be glad to handle this case on an hourly basis!!! Kidding aside, how much is a new tire? Do you really think an attorney will file a proper Federal Torts Claims Act notice, then file in Federal Court and try your case for one-third of your "damages." Might be better to buy the warranty on the tire for road hazards rather than trying to get compensation from the tort system. Good luck. Regards, JBS