Veen Firm Wins Landmark Case for Client in California Supreme Court

VEEN FIRM WINS LANDMARK CASE

California Supreme Court Says Public Entities Cannot Use Releases to Escape Liability for Dangerous Roadways

San Francisco, CA – The California Supreme Court has unanimously ruled in favor of a brain injured cyclist represented by Anthony Label and Steven Kronenberg of The Veen Firm, affirming that the City of Oakland can be held liable for a serious bicycle accident caused by a pothole despite the rider having signed a liability waiver. The high court’s decision in Whitehead v. City of Oakland overturns two lower court rulings and delivers a landmark win for public safety and infrastructure accountability across the state.

Ty Whitehead was severely injured in March 2017 when his bike hit a large pothole on Skyline Boulevard in Oakland during a training ride for the AIDS/LifeCycle charity event. He was thrown over the handlebars and suffered a traumatic brain injury, remaining in a coma for about two weeks. Whitehead later sued the City of Oakland, alleging that the city’s negligent road maintenance created a dangerous condition of public property. The trial court – and later the Court of Appeal – initially dismissed his case, pointing to a liability release that Whitehead had signed before the ride, even though Oakland was not a party to that agreement.

In its new ruling, the California Supreme Court rejected the city’s attempt to use the waiver as a shield against liability. The Court determined that a private release of liability cannot absolve a public entity from its duty to maintain safe public roadways. Under California law, cities and other public agencies are legally responsible for fixing hazardous conditions on their property, and state policy forbids using contracts to escape responsibility for violating such safety laws. The Supreme Court’s decision thus confirms that municipalities must be held accountable if their poor maintenance of public facilities cause injuries – regardless of any waivers a victim may have signed with a third party.

“We applaud the Supreme Court for reaffirming that public safety cannot be signed away,” said Anthony Label, Trial Team Leader at The Veen Firm and lead counsel for Whitehead. “This ruling sends a clear message that cities must take responsibility for maintaining safe roads. It’s a win not just for our client, but for everyone who travels on California’s streets.”

The outcome has broad implications for communities statewide. It sets a strong precedent that cities and counties cannot contract away their responsibility for safe infrastructure. Bicycle and pedestrian advocates – several of whom filed supporting amicus briefs in the case – had warned that allowing cities to evade liability in situations like this would endanger the public. Steven Kronenberg, a Partner at The Veen Firm who litigated the case through summary judgment, said “with the Supreme Court’s decision, people across California can be assured that local governments will be held accountable for keeping roadways and other public facilities safe.”

Whitehead’s case also spotlighted Oakland’s ongoing infrastructure challenges. Skyline Boulevard and other roads in the Oakland hills have seen numerous cyclist injuries in recent years, and the city has paid out significant settlements (including two $6.5 million payouts in the past year alone) to bicyclists hurt by deteriorating pavement.

Skyline Boulevard and other roads in the Oakland hills have seen numerous cyclist injuries in recent years, and the city has paid out significant settlements, including a record-breaking $6.5 million payout to another bicyclist client of The Veen Firm hurt by dangerous roads.

The City of Oakland fought Whitehead’s claim all the way to the state’s highest court. The Supreme Court’s ruling now ensures that Oakland and other municipalities cannot avoid responsibility in such cases. Instead of relying on legal loopholes, cities are encouraged to address known hazards proactively to prevent injuries.

About The Veen Firm:
The Veen Firm, LLP is a San Francisco-based law firm with 50 years of experience representing plaintiffs in complex personal injury and wrongful death cases. Founded in 1975, the firm has a long history of advocating for victims of dangerous conditions, defective products, and negligence, securing countless notable results that have improved safety standards. The Veen Firm’s trial teams are dedicated to promoting accountability and justice for those harmed by unsafe practices and infrastructure failures.