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I hit a manhole in someones driveway..

Asked almost 3 years ago - Memphis, TN

i was delivering a pizza and there was a man-hole sticking 7-inches out of ground inside of a pothole filled with water deaming it invisible in the pouring down rain. the impact to the manhole ripped off my oil pan causing 600 dollars in damage. should i get a lawyer or try to handle it myself.. i dont have money for a lawyer after all the cash i had to fork up to fix my can and the three days of work i had to miss. what should i do?

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Kathryn Bridget Johnston

Reputation Level 7

Answered almost 3 years ago. Mediation Attorney in Vero Beach, FL.

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If the defect (pothole) was on private property, it is possible that the law in your state gives you rights to recover damages against the landowner for the defect. If the defect was on public property, your rights may be limited by state law under a concept called "qualified immunity" and/or statutes governing public liability for roadway defects.

In either event, I urge you to contact an attorney in your area to discuss your rights. Most lawyers handling these kinds of cases will give you an initial consultation, for free. Even if a lawyer will not take your case, due to the amount of money in dispute, the lawyer may be able to give you advice on how to proceed in small claims court, if that is appropriate.

Unfortunately, I am not licensed to practice in Tennessee, so I cannot give you more specific advice. Good luck and I hope that you are able to obtain a suitable recovery for your losses.

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