City of Milwaukee Paying Some Pothole Damage Claims

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As previously reported here, Wisconsin has a pothole immunity law, where cities such as Milwaukee are only liable to motorists if a pothole causes personal injuries. This year, due to the severe winter weather, pothole claims are on a record pace in Milwaukee. While the city is not required to pay claims where a pothole causes only property damage to a vehicle, Milwaukee is paying some of those claims. According to Milwaukee Alderman Ashanti Hamilton, some drivers deserve to collect for property damage caused by potholes. “We have that protection to summarily dismiss [pothole claims], but we haven’t done that, and we don’t want to do that. We want to be fair to the residents of the city,” Hamilton said. Milwaukee is reportedly paying property damage pothole claims if the driver can prove negligence or that the city did not make pothole repairs in a timely fashion.

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