Can You Sue the City for a Pothole Accident in California?

If you’ve ever blown a tire in a deep pothole or tripped over a broken sidewalk, you’re not alone—and you may be wondering: Can I sue the city for this?

The short answer: Yes, you can—but only under certain conditions. California law allows you to file a claim against a city or public entity for injuries caused by dangerous conditions on public property. But like most things involving government agencies, there are rules and deadlines you need to follow.

When Is the City Responsible?

Under California Government Code sections 830–835, a city or public agency can be held liable if all the following are true:

1. The property was in a dangerous condition (like a giant pothole or raised sidewalk slab).
2. That condition created a foreseeable risk of injury.
3. The city knew about the hazard—or should have known—and had time to fix it.
4. The dangerous condition directly caused your injury.

Sounds straightforward, but there’s more to know.

What Counts as a “Dangerous Condition”?

The law defines a dangerous condition as something that creates a substantial (not minor) risk of injury when used in a reasonably foreseeable way.

A few things to keep in mind:

• A missing stop sign or faded road lines usually doesn’t count by itself.
• Weather conditions (like fog or rain) don’t automatically make the city liable—but if the weather causes physical damage (like road collapse), that could qualify.
• The city must own or control the property. If the hazard is on land they don’t maintain, you may have to go after a different agency or even a private party.

Examples of Claims That Might Qualify

• You hit a deep pothole that damages your car and causes an injury.
• You trip on a cracked sidewalk in front of a public library.
• A missing manhole cover leads to a bicycle accident.
• Water damage from poor drainage causes a curb to collapse beneath your feet.

But There’s a Catch—Strict Deadlines

Before you can sue, you have to file a government claim with the city or agency involved. Here’s the timeline:

• You have just 6 months from the date of the injury to file the claim.
• Once submitted, the city has 45 days to respond.
• If they deny it (or don’t respond), you have another 6 months to file a lawsuit in court.

If you miss the deadline, the city can reject your claim without even reviewing it. In some cases, you can apply for permission to file a late claim, but it’s not guaranteed—and the process is tricky.

How Cities Try to Avoid Liability

Even when all the facts seem to be in your favor, cities often raise defenses like:

• “Design immunity” – arguing the road or sidewalk was built according to an approved plan.
• “Lack of notice” – claiming they didn’t know about the problem in time.
• “Comparative fault” – saying you were distracted, wearing inappropriate shoes, speeding, etc.

Real Case Spotlight: Whitehead v. City of Oakland (2025)

In this case, a cyclist named Miles Whitehead suffered serious injuries after hitting a large pothole on a recreational ride. Even though he had signed a liability waiver, the California Supreme Court ruled the City of Oakland could still be held responsible.

The reason? Cities have a non-delegable duty to maintain public roads in a reasonably safe condition. A waiver doesn’t give them a free pass.

What Should You Do If You’re Injured?

1. Take photos – of the hazard, your injuries, and the surrounding area.
2. Get medical treatment – and keep your records organized.
3. Report the hazard – to the city’s public works department.
4. Talk to a personal injury attorney – especially one familiar with government liability. The rules are strict, and the clock is ticking.

If you’ve been injured in an accident, contact C&B Law Group today for a consulta gratuita. You don’t pay us anything unless we win your case, and we’re here to protect your rights and help you get the compensation you deserve.