Can You Sue a City Over a Pothole Injury? California’s Supreme Court Just Said Yes

By Yosi Yahoudai Founder and Managing Partner

June 24, 2025

Personal Injury

If you’ve ever been thrown from a bike because of a pothole, you’ve probably wondered: Can I sue the city for this? 

As of May 2025, the answer is clearer than ever – yes, you can. 

In a landmark decision, the California Supreme Court ruled in favor of a cyclist who sued the City of Oakland after being severely injured during an organized bike ride. Even though the cyclist had signed a liability waiver, the court said Oakland could still be held accountable for failing to maintain safe road conditions. 

Here’s what this means for anyone injured by dangerous roads – and how to hold cities responsible when their negligence leads to pain. 

What Was the Supreme Court’s Ruling About?

The case involved a cyclist who hit a pothole during a permitted ride and suffered serious injuries. Oakland argued that because the cyclist had signed a waiver, they couldn’t be sued. 

But the California Supreme Court disagreed. Their ruling emphasized a city’s non-delegable duty to maintain public roads – meaning a waiver doesn’t erase that responsibility. 

“This ruling is a game changer,” says Parham Nikfarjam, Senior Trial Attorney at J&Y Law. “It sends a clear message: cities don’t get a free pass just because someone signs a waiver. If a public road is dangerous and the city knew or should’ve known about it, they can still be held accountable.” 

What Are Cities Legally Required to Do?

California law holds public entities responsible for maintaining roads in a reasonably safe condition. That means: 

• Regular inspections 

• Timely repairs of potholes, cracks, or uneven surfaces 

• Clear warnings for known hazards if immediate repair isn’t possible 

Failing to meet these obligations can open the door to a personal injury lawsuit – even if the injury happened during a recreational event. 

How Do Liability Waivers Affect Cases Like This?

Liability waivers can limit some claims – especially when private companies or event organizers are involved. But when it comes to government negligence, waivers don’t offer blanket protection. 

“Waivers aren’t bulletproof, especially when government negligence is involved,” Nikfarjam continues. “A waiver might limit what you can recover in a private setting, but it doesn’t erase a city’s responsibility to keep public roads safe. That’s the heart of this case, and the court got it right. Our job is to make sure injured people don’t feel helpless just because they signed a form.”  

That’s exactly what the California Supreme Court upheld in this case. 

What Steps Should You Take If You’re Injured on a Public Road?

1. Get Medical Attention Immediately
   Even if injuries seem minor, documentation matters.
2. Take Photos of the Scene
   Capture the pothole, the surrounding area, and any missing signage.
3. Get Witness Statements
   Especially important in public events where others saw the hazard.
4. File a Government Claim Quickly
   Under the California Tort Claims Act, you usually have just six months to file.
5. Hire an Attorney with Municipal Experience
   Cities don’t play fair – you’ll need someone who’s won these fights before.

Has J&Y Law Handled Cases Like This?

Absolutely. In fact, Nikfarjam led the team in a high-profile case against a Southern California municipality, where a client suffered orthopedic injuries after a sidewalk collapse that had been ignored for years. The case resulted in a confidential six-figure settlement, despite initial immunity claims from the city. 

“What we’ve seen over and over again is that cities will try every excuse in the book – immunity, lack of notice, even blaming the victim,” Nikfarjam claims. “But when we dig into the records, we often find a pattern of neglect. Our approach is detailed, persistent, and relentless. If a city didn’t do its job, we’re going to prove it.”  

Not Sure Who’s Liable for That Pothole Injury? That’s What We’re Here For.

Whether it’s a pothole in a city street, a crumbling curb outside a strip mall, or a sidewalk crack in front of someone’s house, figuring out who’s responsible isn’t always obvious. 

Is it the city? The property owner? A private company? 

Liability in these cases can get messy, but that’s where J&Y Law steps in. We investigate, untangle jurisdiction issues, and build strong cases that hold the right parties accountable. 

If you’ve been injured by a neglected road or walkway, don’t guess. Get answers. 

Call (877) 735-7035 for your free consultation. Let us help you figure out who dropped the ball.