Cyclist lawsuit against Oakland over a pothole crash: California Supreme Court revived a lawsuit, opening the door for more claims related to unsafe road conditions and public entity responsibility.
A recent ruling from the California Supreme Court has revived a lawsuit against the City of Oakland. The case involves a serious pothole crash that left a man paralyzed. The court’s decision could influence how California cities handle roadway safety and respond to injury claims.
In 2020, a cyclist suffered a severe spinal injury after hitting a large pothole on Mountain Boulevard in Oakland. The impact of the crash caused paralysis from the waist down. The man sued the city, claiming Oakland failed to fix a dangerous road condition despite knowing about it.
A lower court initially dismissed the lawsuit, ruling that the city was protected by design immunity, a legal defense that shields public entities from certain injury claims. However, the California Supreme Court reversed that decision, allowing the case to proceed.
According to California Government Code § 835, a public entity can be held liable when:
A dangerous condition exists on its property, and
That condition causes injury, and
The agency knew about the issue but didn’t fix it.
In this cyclist lawsuit, the Supreme Court agreed that the jury should decide whether Oakland allowed a dangerous condition to persist. This ruling challenges cities to respond faster when street hazards threaten public safety.
The California Supreme Court’s ruling on the Whitehead v. City of Oakland case clarified key aspects of liability and design immunity for public entities. The court ruled that the city could still be held responsible for the pothole, emphasizing the importance of maintaining safe public roads. You can read the full opinion of the case in the California Supreme Court’s official document.
The decision is a win for cyclists and pedestrians. Roads and bike lanes should be safe for everyone. When cities fail to maintain them, people can get seriously hurt.
This ruling clarifies that design immunity does not cover all dangerous conditions. If a road hazard no longer matches the original approved design or a city ignores a known issue, it may still be liable.
Design immunity protects public agencies when an injury happens due to a planned and approved project. To use this defense, a city must prove:
The plan was officially approved
The design was reasonable
The road or property matched the approved plan
In this case, Oakland claimed design immunity. But the court found that the road condition may have changed since approval. If a pothole worsened over time and the city failed to fix it, design immunity may not apply.
If you were injured by a pothole, uneven sidewalk, or faulty curb, you must act fast. Claims against government agencies follow special deadlines. In California:
You must file a claim within 6 months of the incident
The city has 45 days to respond
If the claim is denied, you have 6 months to file a lawsuit
Waiting too long may prevent you from filing your case. That’s why it’s important to consult a personal injury attorney as soon as possible.
At KAASS LAW, we help injured clients pursue claims against government agencies. Our team understands the unique challenges these cases present.
We can help you:
Investigate the scene and document the hazard
Review city maintenance records
File a timely government claim
Challenge any improper use of design immunity
Negotiate for fair compensation or represent yourself in court
If you or a loved one has suffered a serious injury due to road neglect, contact our Los Angeles accident attorneys.
This case holds broader meaning beyond one man’s injury. It reminds cities that neglecting road safety has consequences. Citizens have the right to safe public spaces, whether they walk, drive, or ride.
Neglected roads harm not just cyclists, but all commuters. They increase the risk of accidents and lead to higher medical and repair costs for victims. The cyclist lawsuit against Oakland shows that people can hold cities accountable—and that courts are paying attention.
If a pothole or road defect caused your injury, don’t wait. Let us review your case for free. We’ll explain your rights and guide you through each step of the process. Call KAASS LAW today!
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