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Who is responsible for pothole damage in Elmira?

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With the warm weather comes those pesky potholes drivers are forced to dodge on the roads.

Potholes are formed when groundwater seeps under the road and expands, causing cracks in the pavement. As temperatures warm up and more water gets under the roads.

The Chemung County Public Works Department is working to fix potholes across Chemung County, but there is the matter of damage to vehicles related to potholes.

The City of Elmira is not responsible for covering damages related to potholes unless the pothole was previously reported and the city didn’t repair it in time.

The City of Elmira shall not be liable for the damage or injury to person or property sustained in consequence of any street, part or portion of any street including the curb thereof and any encumbrances thereon or attachments thereto, tree, bridge, viaduct, underpass, culvert, parkway or park approach, sidewalk or crosswalk, pedestrian walk or path, or traffic control sign or signal, being defective, out of repair, unsafe, dangerous or obstructed, or in consequence of the existence or accumulation of snow or ice upon any street, bridge, viaduct, underpass, culvert, parkway or park approach, sidewalk or crosswalk, pedestrian walk or path, unless previous to the occurrence resulting in such damage or injuries written notice of such alleged condition relating to the particular place and location was actually given to the city manager and there was a failure or neglect within a reasonable time, not less than 48 hours, thereafter to remedy or correct the alleged condition complained of.

All claims against the city for damage, or injury alleged to have arisen from the defective street, part or portion of any street including the curb thereof and any encumbrances thereon or attachments thereto, tree, bridge, viaduct, underpass, culvert, parkway or park approach, sidewalk or crosswalk, pedestrian walk or path, or traffic control sign or signal, being defective, out of repair, unsafe, dangerous or obstructed or in consequence of the existence or accumulation of snow or ice upon any street, bridge, viaduct, underpass, culvert parkway or park approach, sidewalk or crosswalk, pedestrian walk or path, shall within three (3) months after the happenings of such damage or injury, be presented by or in behalf of such claimant to the mayor or corporation counsel in writing signed by the claimant or his agent or attorney, and duly verified by one of such parties describing the time and location of the place where such injury occurred, cause and extent of damage or injury. The omission to present such claim as aforesaid within said three months shall be a bar to any action or proceeding therefor against the city. No action for such damages or injury shall be maintained unless commenced within two (2) years from the happening of the same. Every process commencing an action against the city shall be served on the mayor of said city, and not otherwise.

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