Potholes and rain damage in Los Angeles
The sun is finally out again!! Southern California got pounded by an “atmospheric river” Pineapple Express this week. Los Angeles and other cities received more rain in 48 hours than we’ve seen in years.
Along with torrential downpours comes another issue: potholes and road damage. My office has received questions about Los Angeles potholes this week, so it’s a good time to discuss this important issue.
In the past, I’ve discussed bicycle and motorcycle accidents caused by Los Angeles potholes. The question is, who is responsible for repairing a Los Angeles pothole?
The answer is straightforward: The City of Los Angeles is responsible for fixing and repairing Los Angeles potholes.
But, how this answer plays out practically is more complicated. That’s because injury cases caused by Los Angeles potholes can be difficult.
Similar to sidewalk cases, which I’ve discussed many times before, pothole cases can be difficult because of what we call “notice.”
In plain English, this means that an injured plaintiff in a Los Angeles pothole case must show that the City knew or should have known about the dangerous pothole.
And it’s not only the size of the pothole or defect that courts take into consideration. Courts should determine whether there existed any circumstances surrounding the accident which might have rendered the defect more dangerous than its mere abstract depth would indicate. (Stathoulis v. City of Montebello; Stack v. City of Lemoore.)
If you come across a Los Angeles pothole, please report it immediately to the City of Los Angeles using the 311 app, or by calling 311 anywhere in Los Angeles.
If you or someone you know were injured in a bicycle or motorcycle accident after riding over a pothole, or got hurt stepping into a Los Angeles pothole, please do not hesitate to reach out.
