California Supreme Court: No, You Can’t Waive a City's Legal Obligation to Maintain Its Streets

In a win for injured cyclists (and common sense), the California Supreme Court ruled that a liability waiver signed by Ty Whitehead before a recreational bike ride through Oakland didn’t shield the city from being sued for a head-cracking pothole. The court held that public entities can’t contract away their statutory duty to maintain safe roadways under Government Code §835, nor dodge liability for violating safety laws under Civil Code §1668.

The decision reverses a lower court ruling and clarifies that a city's duty to provide safe infrastructure isn’t something a weekend warrior can casually sign away. For litigation attorneys, this is a key reminder: when it comes to dangerous conditions on public property, statutory duties trump pre-event waivers—and we help make that argument stick in court.