Can You Sue a City for a Pothole-Related Accident?

You’re driving down a familiar road when, without warning, your tire drops into a deep pothole. The impact is jarring. Your car swerves. You crash into something and realize something is seriously wrong with your vehicle, or maybe even with you. The frustration sets in quickly: this road has been in bad shape for months. The city knew. So why hasn’t anything been done? And why are you the one paying the price?

That frustration is valid, and it can carry legal weight. But holding a city accountable in Ohio is not as simple as filing a standard injury claim. These cases come with special rules and strict requirements. To successfully sue a city for a pothole-related accident, you must be prepared to:

• Confirm the city is legally responsible for maintaining the road where the accident happened
• Carry the burden of proof to demonstrate negligence
• Meet strict government notice deadlines and overcome limits on government liability
• Document your injuries and damages carefully while securing strong legal representation

At Lafferty, Gallagher & Scott, LLC, our attorneys have been representing personal injury victims in Toledo and throughout Ohio since 1973. We know how to hold government entities accountable, and we also know the legal barriers they use to avoid responsibility. If a neglected roadway caused your injury, we’re prepared to help you pursue answers.

When Is a City Legally Responsible for a Pothole?

Under Ohio law, a city is responsible for keeping public roads in reasonable repair and can be held liable if it fails to do so. But liability hinges on proving the city knew or should have known about the hazard and failed to address it. In Ohio, this comes in the form of notice. There are two types:

• Actual Notice: Someone formally reported the pothole to the city, but the city failed to fix it within a reasonable time.
• Constructive Notice: The pothole was so large, obvious, and long-standing that the city should have discovered it during regular road inspections and maintenance.

If neither form of notice can be established, pursuing a claim against the city will be difficult.

What Do You Have to Prove to Hold the City Accountable?

The burden of proof rests with you, the injured party. To build a strong case, you must demonstrate four key elements:

• Duty of Care: The city had a legal responsibility to maintain safe, passable roads.
• Breach of Duty: The city was negligent and knew, or should have known, of the pothole and failed to repair it.
• Causation: That specific failure directly caused your accident and resulting injuries.
• Damages: You suffered real, documented harm, including medical bills, vehicle damage, lost wages, and suffering.

Each element must be supported by evidence. Without all four, a claim against the city will likely fall short.

Are There Limits on Your Ability to Sue the City?

Even if you can prove the city is negligent, that doesn’t mean you’re guaranteed to win your case. Cities and other government bodies in Ohio are protected by a legal principle called sovereign immunity, which generally shields them from lawsuits. Ohio law does have some exceptions, and a city’s failure to maintain public roads is one of them. That said, the city may still try to reassert its immunity on other grounds.

On top of that, you’ll also have to contend with two additional limitations:

• Strict Deadlines: Under Ohio Revised Code § 2744.04, you have two years from the date of the accident to file a personal injury lawsuit against a political subdivision. However, some government entities or municipal rules may require a formal notice of claim to be filed much sooner. Missing either deadline can end your case entirely.
• Damage Caps: Ohio law limits the amount of compensation you can recover from a government entity in some circumstances.

All of these limitations together make pursuing a claim against a government entity particularly challenging. Without strong legal support, achieving a successful resolution can be nearly impossible.

What Steps Should You Take After a Pothole Accident?

Your actions after a pothole accident can make or break your lawsuit against the city. Here’s what to do:

1. Prioritize Safety: Move to a safe location if you can, check for injuries, and call 911.
2. Document Everything: Photograph and video the pothole from multiple angles, along with your vehicle damage, any visible injuries, and the surrounding area. Note whether any warning signs were present (or absent).
3. Gather Witness Information: Get names and contact details from anyone who saw the accident.
4. File a Police Report: Request that the report specifically mention the pothole as a contributing cause of your car accident.
5. Seek Medical Attention: Get evaluated by a doctor. A medical record creates important documentation.
6. Report the Pothole: File a formal report with the city’s public works or transportation department. This official record can support your claim.

Talk to an Attorney Before the Clock Runs Out

Suing a city for a pothole-related accident is possible, but the legal process is far more complex than a typical personal injury claim. You’ll need to prove negligence, satisfy notice requirements, and work within tight deadlines, all while recovering from an accident that wasn’t your fault.

That’s a lot to handle alone. At Lafferty, Gallagher & Scott, LLC, we’ve spent decades helping injury victims fight for justice. We work on a contingency fee basis, so you don’t pay unless we win. If a pothole-related accident has left you injured, let’s talk about what your options are to hold the city accountable.