Debate is on over who should pay for damage from potholes in Denver

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DENVER -- Drive along the streets of Denver for any amount of time and you’re bound to hit a pothole, just like Denver resident Anna Munis did last week.

“I hit it instantly as soon as I came over that hill.  I hit the pothole and I hit it twice with both tires.  Immediately I heard that flappy sound. You could hear the air going and they were both dead flat," she said.

Both passenger side tires were flattened.

“You can see it cut through the tread of the tire," Munis said.

Cost of replacement?

“These are brand new Michelin tires. I have only 3,000 miles on them right now so it’s gonna cost around $300 apiece.”

Munis said the city of Denver should pay for her new tires “because I know you can read in our city’s addendum, I believe, it is part of their responsibility to keep our roads safe.”

Correct, but according to Colorado Revised Statutes, Title 24, Article 10, a pothole does not constitute an unreasonable risk to the health or safety of the public.

It boils down to limited liability, which is not what Munis wanted to hear.

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