Legal Question in Real Estate Law in California

On road marked PRIVATE ROAD, with a road association, can an individual or the entire community be sued if there's an accident due to 'poorly maintained roads?' And WHO determines that? We were told our Road Assoc. needs a $9K Ins. Policy to 'protect us' against lawsuits.

Thank you very much. Katherine


Asked on 2/06/11, 7:57 pm

1 Answer from Attorneys

Yes, the owners of a private road can be sued if there is an accident due to negligent maintainence of the road. Depending on the structure of the association, and how title to the physical property on which the road is built is held, the individual owners may or may not be personally liable. So it is a good idea for the association to be insured.

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Answered on 2/07/11, 11:15 am


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