alright, update on the tire situation.
According to the City of Parma, since I am the first to complain about that pothole
they don't have to front any money to me. So basically Bennett9000 was right.
I really find it hard to believe that I was the only person to have tire damage from it
considering it was a freakin huge hole in the road. At least they finally fixed it!
Here is what they wrote me.............
We received your complaint regarding an incident in which the vehicle you were driving was damaged by a road
hazard. Unless there was an extended period of time during which the City was aware of the hazard but did nothing to correct
it, the city has no legal responsibility.
Under Ohio law, it is the duty of the City to exercise reasonable, ordinary care and maintenance for its streets ( yeah freakin right !! ).
Liability does not arise except by proof either that it actually created the faulty condition from which damage resulted or that it had notice of the condition for a reasonable period of time and failed to make the repair. A municipal corporation is not an insurer against accidents upon its streets. The City is to keep streets in a reasonably safe condition for travel, but does not have to do that which is unreasonable or impracticable. In other words, unless there was an extended period of time during which the City was aware of the hazard but did nothing to correct it, the City has no legal responsibility.
Based upon the circumstances in this case, it is our opinion that the City has not committed a breach of its duty. You may wish to contact your insurance company regarding this incident.
Thank you for your patience in this matter.