Potholes can cause serious damage, and even injury what can you do?

Pothole season is here and it's been a rough one already for drivers.According to provincial regulations, municipalities are supposed to fix potholes of a certain size in a certain amount of time.

If they don't and you hit one you could file a claim for damage to your vehicle, says Troy Lehman, a lawyer withthe firmOatleyVigmond. And you could even file a claim for personal injury.

Lehman says if a person is seriously injured, they shouldcall a personal injury lawyer to see if a claim can be made.

"If you hit a pothole it doesn't mean you've got a claim against a municipality," he cautions.

"You've got to prove the pothole had been there and neglected according to the standards and hadn't been repaired on time."

A lawyer will send an investigator to see if there's a problem with the road. They'll get measurements and interview people nearby about how long the pothole has been there.

Just what is a municipality's responsibility when it comes to fixing potholes?

Lehman saysprovincial regulations stipulatea municipality has to repair a pothole when it gets to a certain size: 8 cm deep and an area of 800 square cm. If it gets that big, it has to be fixed within seven days

If you hit one, and can establish the pothole has been there longer, then you can bring a claim against the city.

To hear the entire interview withTroy Lehman on CBC's Up North radio show, tap here.

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