Torts/Personal Injury
Jul. 25, 2025
Trail immunity strikes again
A cyclist who suffered fatal injuries after hitting a known road defect on a paved path leading to a trail has no case against the county, because under Government Code §831.4 and decades of precedent -- including Gibbons v. East Bay Regional District -- the government is immune from liability for injuries on both paved and unpaved recreational trails.
Michael E. Rubinstein
Law Office of Michael E. Rubinstein
433 N Camden Drive Suite 600
Beverly Hills , CA 90210
Phone: (213) 293-6075
Fax: (323) 400-4585
Email: Michael@rabbilawyer.com
Loyola Law School; Los Angeles CA
Michael is a Los Angeles-based personal injury and accident attorney.
An experienced bicyclist is riding on a paved road leading up to a popular bicycle path. His bicycle tire gets caught in a crevice in the road that the county knew about but never completely repaired. The cyclist is thrown off his bike, suffers a traumatic brain injury, and later dies of his injuries. Does he have a case against the county?
No. Government Code Section 831.4 immunizes the government in cases like this. The statute, and 30 years of trail i...
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