How Notice Works in a Dangerous Road Claim in California

Table of Contents

How do I show a city, county or Caltrans knew about a road hazard before my crash?

When the hazard was not created by a negligent or wrongful act or omission of a public employee acting within the scope of employment, the injured person must show the entity had actual or constructive notice of the dangerous condition a sufficient time before the injury to have taken measures to protect against it (Government Code section 835). Actual notice means the entity actually knew the condition existed and knew, or should have known, of its dangerous character (Government Code section 835.2).

Constructive notice

Constructive notice requires proof that the condition had existed for such a period of time, and was of such an obvious nature, that the entity should have discovered the condition and its dangerous character in the exercise of due care (Government Code section 835.2).

The inspection system question

On the question of due care, evidence can be offered about whether a reasonably adequate inspection system would have revealed the condition and its danger (Government Code section 835.2). Adequacy is weighed by balancing the practicability and cost of inspection against the likelihood and magnitude of the potential danger. Evidence can also show whether the entity kept and operated such a system with due care and still did not discover the condition.

Public records that can show what the entity knew

Every person has a right to inspect any public record of a state or local agency during office hours, except as otherwise provided by law (Government Code section 7922.525). Any reasonably segregable part of a record must be made available after exempt parts are removed. A request can ask for complaints, work orders and inspection logs for the stretch of road involved.

The deadline still runs

A claim for injury against a public entity must be presented within six months after the cause of action accrues, even while records are being gathered (Government Code section 911.2).

Frequently asked questions

Can a small defect still be found not dangerous, even if the county knew about it?

Yes. A court can decide as a matter of law that a condition was not dangerous if its risk was minor, trivial or insignificant in view of the surrounding circumstances (Government Code section 830.2).

If a road hazard a public agency knew about caused your crash, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.

About the Law Offices of J. Chrisp

The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.

The County Knew About the Road Hazard: How Notice Works in a Dangerous Road Claim