State Should Be Liable for Damages From Potholes on State Roads
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This is pothole season. If your car is damaged because you went over a pothole on a New York State-owned road from Nov. 15 through May 1, you are out of luck. If your car is damaged on a town, city or village-owned road you can get reimbursed only if the municipality was provided with advance written notice and did not make the repairs.
I think the law exempting the state from liability for pothole damage on its roads between Nov. 15 through May 1 should be changed. New York State should be treated no differently than local governments treat motorists. If you drive on a town, city, village road and go over a pothole and your car was damaged, the local government is responsible if the municipality had received written notice and did nothing about it. If you drive on a state-owned road and your car is damaged due to the pothole, the state doesn’t have to give you a penny!
The state legislature has not taken adequate steps to maintain state-owned roads over the years. As an example, there are many potholes on Greenburgh streets that are owned by the state. If you drive over a pothole on state-owned Central Avenue and you get a flat, the cost of the repairs won’t be paid for by the state – even if residents complained about the pothole to the state and the state ignored the problem.
Former Assemblyman Tom Abinanti pushed for state legislation when he was in office that would have enabled motorists to get reimbursed for pothole-related damages if the state had received written notice about the potholes and did not respond.
Paul Feiner
Greenburgh Town Supervisor
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