Pothole Peril: CA Supreme Court Says Cities Can Be Sued for Negligence, Despite Waivers

Imagine cycling down a scenic California road, enjoying the sun and fresh air, when suddenly – BAM! – you hit a pothole, sending you flying. According to the American Automobile Association (AAA), pothole damage costs U.S. drivers approximately $3 billion annually. For years, cities have attempted to shield themselves from liability using waivers, leaving injured parties with little recourse. However, a recent landmark decision by the California Supreme Court has changed the game, declaring that cities can indeed be sued for negligence related to pothole injuries, even if a waiver was signed.

The Ruling: A Win for Public Safety

In May 2025, the California Supreme Court heard a case involving a cyclist, Ty Whitehead, who suffered severe injuries after hitting a pothole during an organized bike ride in Oakland. Despite Whitehead signing a liability waiver, the court unanimously ruled in Whitehead v. City of Oakland (S284303) that the city could still be held accountable for failing to maintain safe road conditions. This decision hinged on the principle that cities have a “non-delegable duty” to maintain public roads in a reasonably safe condition, a responsibility that cannot be waived away.

Parham Nikfarjam, Senior Trial Attorney at J&Y Law, hailed the ruling as a “game changer,” emphasizing that it sends a clear message: cities cannot evade responsibility for dangerous roads simply because someone signed a waiver. This ruling aligns with California Government Code Section 835, which outlines the conditions under which a public entity can be held liable for injuries caused by a dangerous condition on public property.

What This Means for Californians

This ruling has significant implications for anyone injured due to poorly maintained roads in California. Here’s a breakdown of what you need to know:

Liability Waivers Are Not a Free Pass: Cities can no longer hide behind liability waivers to avoid responsibility for negligence in road maintenance.
Cities Have a Duty of Care: California law mandates that public entities maintain roads in a reasonably safe condition. This includes regular inspections, timely repairs of hazards like potholes, and clear warnings for known dangers.
You Can Sue for Damages: If you’re injured due to a dangerous road condition, such as a pothole, you may be able to sue the responsible city or public entity for damages, even if you signed a waiver.

What Constitutes a “Dangerous Condition”?

California Government Code Section 830(a) defines a “dangerous condition” as something that creates a substantial risk of injury when the property is used in a reasonably foreseeable manner. This could include:

Potholes on streets or highways
Poorly maintained sidewalks with damaged pavement
Missing or damaged guardrails
Inadequate drainage leading to ponding or hydroplaning
Obscured traffic signs

The risk of injury must be significant, not minor or trivial. The government entity must also have known about the hazard or should have known about it and had sufficient time to fix it.

Steps to Take If You’re Injured

If you’ve been injured due to a pothole or other dangerous road condition, here’s what you should do:

Seek Medical Attention: Your health is the top priority. Get immediate medical attention, even if your injuries seem minor. Documentation of your injuries is crucial for a potential claim.
Document the Scene: Take detailed photos and videos of the pothole, the surrounding area, and any damage to your vehicle or personal property.
Gather Evidence: Collect any evidence that supports your claim, such as witness statements, police reports, and repair estimates.
File a Government Claim: Under the California Tort Claims Act, you typically have only six months from the date of the injury to file a claim with the responsible government agency. This is a crucial step, as it’s a prerequisite for filing a lawsuit.
Consult an Attorney: Navigating the legal process can be complex, especially when dealing with government entities. An experienced personal injury attorney can help you understand your rights, gather evidence, and build a strong case.

Filing a Claim Against the Government

Filing a claim against a government entity in California involves specific procedures and deadlines. Here’s a general overview:

Identify the Responsible Party: Determine which entity is responsible for maintaining the road where the incident occurred. This could be the city, county, or state (Caltrans for freeways and highways).
Obtain the Correct Claim Form: Each government agency has its own claim form. Make sure you use the correct form for the agency you’re filing against.
Complete the Claim Form: Provide a detailed description of the incident, including the date, time, location, and nature of your injuries and damages. Include all supporting documentation, such as photos, videos, police reports, and medical records.
File the Claim Within Six Months: Submit the completed claim form to the appropriate government office within six months of the incident.
Await a Response: The government agency has a certain period (usually 45 days) to respond to your claim.
File a Lawsuit (If Necessary): If your claim is denied or the agency fails to respond, you have six months from the date of denial (or the date the response was due) to file a lawsuit in court.

Challenges and Considerations

While the Whitehead decision is a significant victory for injury victims, pursuing a claim against a government entity can still be challenging. Here are some factors to keep in mind:

Proving Negligence: You must prove that the government entity was negligent in maintaining the road and that this negligence directly caused your injuries.
Notice Requirement: You need to demonstrate that the government entity knew or should have known about the dangerous condition and had sufficient time to repair it.
Government Immunities: Government entities may raise certain immunities to shield themselves from liability.
Strict Deadlines: Missing deadlines for filing claims or lawsuits can result in your case being dismissed.

What if a Waiver Was Signed?

The California Supreme Court has made it clear that liability waivers do not automatically protect cities from negligence claims related to road maintenance. However, the specific language of the waiver and the circumstances surrounding its signing may still be relevant. An attorney can help you assess the validity and enforceability of any waiver you may have signed.

The Importance of Reporting Potholes

Even if you haven’t been injured, reporting potholes and other dangerous road conditions is crucial for preventing future accidents. Most cities and counties have online portals or phone numbers where residents can report these issues. By reporting potholes, you can help ensure that roads are repaired promptly, making them safer for everyone.

Don’t Let Potholes Derail Your Life

The California Supreme Court’s decision in Whitehead v. City of Oakland marks a turning point in the fight for safer roads and greater accountability from public entities. If you’ve been injured due to a pothole or other dangerous road condition, don’t assume you have no recourse. Contact an experienced personal injury attorney to discuss your rights and explore your legal options.

Have you been injured due to a pothole or other dangerous road condition in California? Contact us today for a free consultation. We can help you understand your rights and pursue the compensation you deserve.