If you’ve been injured by a pothole while walking, cycling, or driving, a recent ruling by the California Supreme Court has made things much clearer: yes, you can sue a city under certain conditions. Even liability waivers may not shield a municipality from responsibility when road conditions are dangerous.
What the Supreme Court Decided
A cyclist was severely hurt during an organized ride after hitting a pothole. Although they had signed a waiver, the Court found that the City of Oakland could still be liable. The decision affirms that public entities have a non-delegable duty to maintain public roads in a reasonably safe condition. In other words, signing a waiver does not get a city off the hook if it failed to address or warn about dangerous road conditions.
What Cities Are Legally Required to Do
Cities in California must inspect roads regularly, repair hazards like potholes, cracks or uneven surfaces within a reasonable timeframe, and provide warnings for known hazards if immediate repair is not possible. When they fail to do these things, they may be held liable for injuries caused by those hazardous conditions.
Why Liability Waivers Don’t Always Protect Cities
Liability waivers are often used by private organizers or event planners, but when government negligence is involved, courts may not enforce those waivers in a way that completely absolves the city. The recent ruling underscores that waivers cannot erase the legal duty of a municipality to ensure public roads are safe.
What You Should Do If You’re Injured on a Public Road
- Seek medical attention immediately, even if the injury seems minor.
- Document the scene carefully, photograph the pothole, surrounding area, any warning signs or lack thereof.
- Get witness statements from bystanders or participants.
- File any required government claim quickly, there are strict deadlines under the California Tort Claims Act.
- Engage an attorney with experience in municipal liability to help you navigate the legal process.
Hillstone Law’s Role in These Cases
Hillstone Law helps clients who have suffered injuries due to neglected roadways by investigating who is responsible, collecting evidence, reviewing maintenance records, and ensuring all potential claims are preserved. We work to hold cities or other entities accountable for harm caused by negligence. If you’ve been hurt because of a pothole or other road defect, contact Hillstone Law for a free evaluation so we can help you understand your rights and pursue the compensation you deserve.
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Disclaimer: The material provided in these blogs is for general informational purposes only and should not be considered legal advice. Reading these posts does not create, and is not intended to create, an attorney-client relationship with Hillstone Law. Our intent is to share knowledge, raise awareness, and provide helpful resources to the public; however, Hillstone Law makes no warranties or guarantees about the accuracy, completeness, or reliability of the information provided, and expressly disclaims liability for any actions taken in reliance on it. The photos used in these posts are for illustrative purposes only and do not depict actual clients, individuals, or incidents unless expressly stated. If you or a loved one has been injured in an accident, please contact Hillstone Law at (855) 691-1691. Our attorneys are available to answer your legal questions and help you understand your rights.
