California Government Code Sections 830-835 and the Texas Tort Claims Act/Texas Government Code, §402.021 define a dangerous condition generally as a condition of property that creates a substantial (as distinguished from a minor, trivial or insignificant) risk of injury when such property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it will be used. When a public entity has notice of a dangerous condition, unreasonable failure to protect pedestrians, cyclists, or motorists from that dangerous condition creates a liability on the part of the public entity.
Austin and The Bay Area are pitted with potholes and jagged edged depressions that are traps for the unsuspecting bike rider(s) and/or pedestrian(s) alike. In either city, Austin or San Francisco, by calling 3-1-1 you can report a pothole. Also, The San Francisco Bicycle Coalition as well as the East Bay Bicycle Coalition (working as partners with the respective cities) have taken matters into their own hands (literally) giving notice of these dangers to the public entity by either spray painting the dangerous areas for the City to fix, or providing a place on their website to put the city on notice of the dangerous condition. So, feel free to put a little spray paint graffiti next to your favorite pot hole and immediately report the hole to the city via 3-1-1.
If you see a pot hole or become victim to one, please report it to the proper city either through the 3-1-1 or the SFBC or EBBC's online reporting page. You may save another bicyclist or pedestrian severe injury. If you have been injured as a result of one of these dangerous conditions, contact our office so we can help you with your government claim and compensation for your personal injuries.