Who is responsible for potholes in area shopping centers?

DAYTON, Ohio (WDTN) – Temperatures will soon be on the rise and that could lead to more potholes.

Road crews continue to patch potholes on city and residential streets, but who is responsible for repairing parking lots of shopping centers or strip malls?

Officials say the city isn’t liable if your car is damaged by a pothole, rather the private owner of the particular plaza.  Therefore, a small claim must be filed against the owner through the local municipal court.

“Filling out the paperwork is the simple step,” said Rick Krumholtz, who is the supervisor of Dayton Municipal Court’s civil division. “Proving the case to the judge is a bit more difficult.  You must prove the owner of the property was aware of the pothole and that it, in fact, caused the damage to your car.”

Krumholtz said it Is important to document the incident.

“File a report, take pictures of the pothole, as well as damages to your car,” said Krumholtz.

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