Salem, OR asked in Real Estate Law, Gov & Administrative Law and Municipal Law for Oregon

Q: Who is liable for an injury on a non-maintained county road, the county, residents, or those who volunteer to maintain?

I am in the process of executing a purchase agreement for a rural property that is accessed by (but does not abut) a county "public access road." The county owns the road but does not maintain the road. They state that the area residents are responsible for maintaining the road. There is no written road agreement and funding is voluntary.

Who would be liable from a lawsuit should an injury, death, etc. occur due to an "improperly" repaired pothole, etc. on a county owned but not county maintained road?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: An Oregon attorney could advise best, but your question remains open for a week. It could be difficult to offer a simple and direct answer to your question. There are no guarantees, and anyone who is injured is probably going to name all possible parties who have association with the road, either through public works, private ownership, easement, or other basis. You could get a more definitive response from an Oregon attorney who could review things in more detail, but even then, no one could really offer a guarantee as to who a plaintiff would try to include in any potential action. Good luck

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