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Ratings. Guidance. The Right Lawyer.
CA real estate laws regarding private paved road are neighbors liable for damage
San Martin, CA
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Posted about 1 year ago in Real Estate
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Propertyy liability.:
A private paved road ajoins one of my property lines. A neighbor has placed a speed bump on this road to protect his children from speeding vehicles. The vehicles have found that they can steer around his speed bump to avoid it by driving onto the dirt county right of way that exists between the paved surface and my fence. The neighbor has placed a wooden utility pole on the ground extending from the speed bump to my fence. If a vehicle collides with this pole would I be liable for damages/injuries caused by this utility pole? If the road is maintained by the neighbors, which it is, are we liable for the placement of the speed bump on the road?
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Answers (1)
Elena Rivkin Franz
This attorney is licensed in California.
Posted about 1 year ago.
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If you and your neighbors are responsible for the maintenance and care of this road, you would have some liability for the lack of it. If the speed bump and existing pole that are attached are found to have been negligently placed, you may be found at least partially responsible for knowing about it, being responsible for it, and not doing anything about it. However, if a potential driver is swerving around the speed bump and hits the pole, there may be contributory negligence on the drivers part. Even if you and your neighbors are found to be partially responsible for the placement of the speed bump, the drivers actions in swerving around the speed bump may mitigate this.
You will want to ensure you are complying with code for the speed bump, including placement, signs, speed bump height, speed limit, etc. |
