Legal Question in Civil Litigation in California

Who is the responsible party for damage done to car from rocks in the road?

I was headed home tonight and as I turned the corner I came into an area of the road occupied by the large landscaping type of rocks (approximately the size of grapefruit or coconuts).

I tried to swerve and avoid them but a couple of them hit the underside of my car and I'm afraid there may be damage to it (bent control arms, possible holes in the oil pan, etc).

Who would be the responsible party to reimburse me for damages? Would we try to be reimbursed by the county for landscaping their sidewalks with these rocks (something like an attractive nuisance)? Or would the local apartment/condo complex management company be responsible?

Please advise, thank you.


Asked on 10/16/03, 12:16 am

1 Answer from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Who is the responsible party for damage done to car from rocks in the road?

City/County/state/fed government could be, but very difficult to pursue such a thing. Depends on their negligence. Have your insurance take care of it. Likely not worth pursuing, unless rocks or bolders there as result of construction, etc., negligence and negligence can be shown by one of the above entities or contractor on job.

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Answered on 10/16/03, 2:45 pm


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