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Can I sue for damage casued by pot hole in construction zone?

Phoenix, AZ |

We hit a giant,deep pot hole in April. It caused $1000.00 worth of damage. I submitted the claim to Maricopa County immediately and they denied it.
There was construction going on and the hole was not blocked off at all. I have gotten all the records from MCDOT and there was a water leak. They apparently repaired the leak and the hole 5 days before I hit it. I have it documented that the patch sunk in because of the water line that still leaks. This means that the water line was not fixed properly,etc. I have witnesses that that state there were construction crews working all around area and there was always water and the pot hole for approx. 1 wk prior to my hit. Ihave asked three times for an inspection report and they have not produced it. What do I do to get my claim paid?

Also, if I hire an attorney can I add the attorney's fees to my claim? Should I make claims with everyone involved (i.e. construction companies, etc)? -

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Attorney answers 2


You will need to make a claim with the construction company who was in charge of the construction along with the contractor(s). Generally, attorney fees are not recoverable in civil actions.

Speak with a local attorney for a more thorough answer.

I hope this helps-

Nima Taradji

Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.


You may have legal issues you are not aware of, such as notice requirements under state and local law. Personal injury attorneys nearly always give a free initial consultation.

The insurance industry’s own statistics indicate that once an attorney becomes involved, the value of any claim at least doubles.

Put those two facts together and it is in your best interest to retain experienced legal counsel at your earliest possible convenience.

I truly wish you the best.

If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you.

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

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