I hit a pothole last month while riding my bike. It was at night, it was in a dark, unlit portion of the street, and there were no markings for the pothole whatsoever. I didn't know it was there, and I sustained serious injuries, and I have photos to back it up. This happened in Oakland, CA, and I'm wondering what the law is that requires the city or state to keep roads reasonably safe for travel. I would be suing likely the city over this law.

You indicate that you sustained serious injuries and almost died.

In that case, contact an attorney. Most personal injury attorneys regularly take cases on a contingent fee (you don't have to pay them unless you get a settlement or judgment).

One issue you might have is that you were riding a bike at night on a dark street. If I were defending the city I would ask you (rhetorical questions)

• "Haven't you ever noticed potholes on streets?
• Didn't it occur to you that there might be one on this street?
• What were you thinking?".

So people who ride their bike at night deserve serious injury or death. Great. Please explain how this, then, can be classified as a developed country.

My responses would be:

- absolutely, and in Oakland they are routinely marked with spray paint, and/or traffic cones
- yes, and you could say this for any person on any street ever
- I was thinking that I wanted to use the roads of the city to get home safely. Clearly that's too much to ask.

Though opaque as possible like most laws, this law seems to say that the government has a duty to keep roads reasonably safe for travel. In this case, city employees created a road with a pothole.

(California Government Tort Liability Practice, Third Edition, p.339 [C.E.B. 1992])

I've filed a complaint with the city, and they have done nothing to mark the pothole.

If anyone else in Oakland's been injured by the unmarked pothole at 55 Montell, perhaps we can get together and form a class action suit.