In August 2007, an Ohio motorcyclist was thrown from his bike after hitting a pothole on State Route 2. He suffered extensive injuries, some of which caused a permanent disability. He incurred $1.2 million in medical and related expenses and lost $58,000 in wages.
He filed suit against the state four years ago, arguing that they knew about the dangerous pothole and had failed to repair it. The state's failure to maintain a safe road had directly caused his motorcycle accident, he claimed.
The pothole at the heart of the suit had reportedly caused several other accidents, which should have been an indication to the state that it required attention. It is generally the duty of property owners to maintain said property and provide necessary repairs or maintenance.
The Ohio Court of Claims has finally issued a ruling in this case, finding that the state was liable for the man's accident. They awarded him a $300,000 payment to be paid by the Ohio Department of Transportation.
Bikers or motorists who are injured as a result of dangerous road conditions may be eligible for compensation for those injuries. Property owners, such as cities, may be held responsible if their property is insufficiently maintained or poses a safety hazard. Such premises liability claims may result in damages for pain and suffering, lost wages as a result of injury, or medical expenses, among others.
If you have been injured as a result of dangerous conditions caused by negligence, consider contacting a personal injury attorney with experienced in motor vehicle accident ot premises liability matters. They can help you investigate your accident and pursue any appropriate claims for damages.
Source: The Columbus Dispatch, "Motorcycle + pothole = $300,000 payment from the state," Alan Johnson, Nov. 9, 2012
To learn more about premises liability claims in Ohio please visit our website.
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