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?
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
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
