Legal Question in Personal Injury in California
County dedicated non-maintained roads
In the 1930's the county required 40' dedicated road easements for the acreage parcels in our area. Recently the property owners created a "road association." One property owner claims we must maintain the dirt road ourselves to avoid being sued if someone gets into an accident. Being at the end of the road her property would benefit the most.
It's not a private road and I had the CHP take a report when a neighbor ran into our fence. Who, if anyone, is liable when an accident is said to have occurred because of poor road conditions? Is anyone responsible for maintaining the road? If a "road association" has road work done and there's an accident, couldn't the "association" (ie: its officers and members) be named in a civil action?
It seems one property owner has scared the others into agreeing to upgrade the road and no-one has questioned the validity of her statements. I appreciate your input.
2 Answers from Attorneys
Re: County dedicated non-maintained roads
Can you be sued? Yes. Will they win? Who knows. I would talk to your insurance agent about a policy to protect you. It might be a lot cheeper than maintaining the road.
Re: County dedicated non-maintained roads
This is a complex issue. If your association agrees to maintain the roads and someone gets into an accident than you may be sued. However, if not all of the residents are apart of this association than only they as individuals may be sued. I would speak with an attorney regarding what kind of liability you are looking at as an individual versus an association. If you would like to speak with me regarding these issues please feel free to contact my office at 877-546-9918 or by email at [email protected]. I look forward to speaking with you.
Sincerely,
John Hayes
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