Posted October 29, 2026 - by Law Offices of J.Chrisp
Founding Attorney
Yes, if the legal test is met. A public entity is liable for an injury caused by a dangerous condition of its property if the property was in a dangerous condition, the condition caused the injury, the risk was reasonably foreseeable, and either a negligent or wrongful act or omission of a public employee, acting within the scope of employment, created the condition or the entity had actual or constructive notice of it in time to protect against it (Government Code section 835). The claim must be presented within six months after the cause of action accrues (Government Code section 911.2).
A court can decide that a condition is not dangerous if the risk it created was so minor, trivial or insignificant that no reasonable person would conclude it created a substantial risk of injury when the road was used with due care in a reasonably foreseeable way (Government Code section 830.2).
Constructive notice requires showing the condition existed long enough, and was of such an obvious nature, that the entity should have discovered it and its danger in the exercise of due care (Government Code section 835.2).
A claim against a city or county is presented by delivering it to the clerk, secretary or auditor, or by mailing it to one of them or to the governing body at its principal office (Government Code section 915). Electronic submission counts only if an ordinance or resolution of that entity expressly allows it. No lawsuit for damages may be brought until the claim has been acted on or deemed rejected (Government Code section 945.4).
No one may drive faster than is reasonable or prudent given visibility and the surface of the highway, among other conditions (Vehicle Code section 22350). If the defense proves you were negligent and that this was a substantial factor in your harm, your damages are reduced by your percentage of responsibility (CACI No. 405, Comparative Fault of Plaintiff).
A public entity is not liable for injuries caused by a condition of an unpaved road that provides access to recreational or scenic areas such as fishing, camping or hiking areas (Government Code section 831.4). That rule does not cover city streets or county, state or federal highways.
If a pothole 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.
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.
Attorney Advertising. This page provides general information about California law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated November 2026.
Since founding his law firm in 2010, Jesse Chrisp has built a reputation as a dedicated personal injury trial attorney serving Northern California’s Bay Area.
He has represented thousands of injured clients and holds the record for the highest personal injury verdict in Lake County. Mr. Chrisp was selected to Northern California Rising Stars from 2013 to 2019, an honor awarded to only 2.5% of attorneys in the state.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jesse Chrisp, who has been continuously recognized as a leader in personal injury law since starting his law firm in 2010.
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