“Can I file a lawsuit if a pothole damaged my car or caused an injury in California? After this year’s rainy winter, new potholes seem to be appearing daily. After I predictably blew a tire a few weeks ago, I wrote a note to the city asking for reimbursement of the cost of replacing my tire. I just received a letter back stating that my claim, which was for less than $150, had been denied. I’m not going to pursue legal action over such a small sum, but I’m irked that the city is able to skirt responsibility for probably hundreds of similar cases when their roads don’t seem to stand up to the weather.”
Understanding Pothole Liability in California
Your frustration is understandable. Potholes and road hazards in California are a serious issue, particularly after heavy rains, which cause asphalt cracks to expand, leading to dangerous road conditions. While many people assume the city is automatically responsible for pothole-related damage or injuries, California law makes liability much more complicated.
Who Is Responsible for Pothole Damage or Injuries?
Like any property owner, a city, county, or state agency is responsible for maintaining roadways in a reasonably safe condition. However, “reasonable” does not mean perfect—and road maintenance does not have to be instantaneous.
For example, a pothole or road defect measuring under one inch may be deemed “trivial” under California law, meaning the city is not liable. This legal threshold allows municipalities to deny thousands of pothole damage claims each year.
According to California Government Code §§ 830 et seq., a “dangerous condition of public property” exists when a road defect poses a substantial risk of injury when used with due care. Courts have ruled that severely damaged, deteriorated, or defective road conditions—such as large potholes—can qualify under this standard.
However, just because a road is in poor condition does not mean the city is automatically liable. Under California Government Code § 835, a city is only responsible for pothole-related damage if:
- The city’s negligence caused the pothole, such as failing to properly repair it after roadwork.
- The city knew (actual notice) or should have known (constructive notice) about the pothole and failed to fix it in a reasonable timeframe.
How to Prove the City Knew About a Dangerous Pothole
To hold a city accountable, an injured party must prove actual or constructive notice:
- Actual Notice: The city had previously documented complaints about the pothole but failed to act.
- Constructive Notice: The pothole was so severe or existed for so long that the city should have known about it. Courts may consider:
- The pothole’s visibility and size
- The amount of traffic in the area
- Reports of prior accidents or damage claims
Even if these conditions are met, cities often argue additional defenses to avoid liability.
How Cities Avoid Liability for Pothole Accidents
If a pothole causes a crash, injury, or vehicle damage, a city may argue:
- Warning Signs Were Present – If a city blocked off the pothole or placed warning signs, they may claim they took reasonable steps to prevent injuries.
- The Pothole Was “Open and Obvious” – A city may argue that drivers should have seen the pothole and avoided it, shifting responsibility to the motorist.
- Design Immunity (Government Code § 830.6) – Cities can claim that the road was originally designed and approved by engineers, meaning they are not liable for injuries caused by an approved design flaw.
What to Do If a Pothole Damaged Your Car or Caused an Injury
If you have suffered injuries or damage due to a dangerous pothole or road hazard, take these steps immediately:
- Document the scene – Take photos of the pothole (including size, depth, and surrounding area).
- Report the pothole – File a complaint with the city, creating a record of notice.
- Keep records of damage – If your car was damaged, save repair receipts, tire replacement bills, and any related costs.
- Check the deadline to file a claim – You have six months to file a government claim under California law.
Recent Pothole-Related Settlements by Dolan Law Firm
Dolan Law Firm has recovered millions of dollars for clients injured due to defective and dangerous roads. Recent case results include:
- $1.65 million settlement for a motorcyclist injured by a roadway defect.
- $2.4 million settlement for a pedestrian injured due to a dangerously uneven sidewalk.
- $175,000 settlement for a renter who fell due to a deteriorating stairway.
If you or a loved one was injured due to potholes or dangerous roads, contact us for a free consultation.
Can I Sue the City for a Pothole Injury? Get a Free Case Review Today
If you’ve been injured or suffered financial losses due to a pothole accident in California, you may have a case against the city, county, or state agency responsible for the road. However, strict legal deadlines apply, and filing a claim quickly is critical.
