Utah Road Defect Claims Against UDOT, Cities, and Counties: Potholes, Signs, and Dangerous Roads
General information, not legal advice. Read the full disclaimer.
Short answer: Under the Governmental Immunity Act, Utah waives immunity for injuries caused by a defective, unsafe, or dangerous condition of any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or structure on them (Utah Code § 63G-7-301(2)(h)). But the same Act retains immunity for injuries arising from a latent dangerous or defective condition (§ 63G-7-201(3)), for discretionary function decisions, and for failures to inspect or inadequate inspections. To bring a claim you must give written notice within one year and sue within two years.
Who this guide is for
Drivers, cyclists, and pedestrians hurt because of a pothole, a missing or hidden sign, a broken sidewalk, a crumbling bridge or culvert, or a poorly designed intersection on a public road.
What kinds of conditions can support a claim
The waiver covers conditions of the road or structure itself, such as:
- potholes and broken pavement that make a roadway unsafe;
- damaged or uneven sidewalks and crosswalks;
- defective bridges, culverts, tunnels, or viaducts;
- dangerous conditions of other public structures or improvements.
The question is usually whether the condition was a defective, unsafe, or dangerous condition of the road or structure, whether it caused your injury, and whether it falls within a retained immunity.
Why "latent" matters
Immunity is not waived when the injury arises out of or results from a latent dangerous or defective condition. A latent condition is one that is hidden and not apparent on reasonable inspection. In practice, this means:
- A visible, longstanding defect is generally easier to bring within the waiver.
- A hidden defect may fall under the retained immunity.
- Evidence of prior complaints, repair requests, or crashes at the same location can bear on what was known and visible.
Because the line between patent and latent is fact-specific, document how and why the hazard was or wasn't visible to a reasonable driver or walker.
Other defenses the government raises
The Act also retains immunity for injuries arising from:
- the exercise or failure to exercise a discretionary function;
- a failure to make an inspection or an inadequate or negligent inspection;
- natural conditions on publicly owned or controlled land;
- activities of wildlife on a public or private road; and
- operating an emergency vehicle driven in accordance with the statute's requirements.
Design choices and maintenance-priority decisions are sometimes characterized as discretionary; how courts treat a given decision depends on the facts and law.
Who is the "governmental entity"?
Utah roads are owned and maintained by different bodies: the state (UDOT) for state highways and interstates, counties for county roads, and cities and towns for local streets and sidewalks. The correct entity receives your notice of claim. Don't assume; ownership of the specific road segment matters. Entities must file with the Division of Corporations a statement identifying who receives notices of claim.
Deadlines and steps
- Get medical care and document injuries.
- Photograph and measure the hazard and its surroundings, with a reference for scale, and note the exact location and date.
- File a written notice of claim within one year with the right entity. See Utah Notice of Claim Against a Government Entity.
- Wait at least 60 days after notice before filing a lawsuit; the entity must acknowledge the notice within 60 days.
- File suit within two years after the claim arises.
Damage caps and fault
Judgments against governmental entities are capped by a formula-adjusted limit (see Utah Governmental Immunity Act Claims). Fault can also be shared: a defendant pays only its percentage, and your own fault can reduce or bar recovery. See Utah's Comparative Fault Rule.
Evidence checklist
- Photos and video of the hazard, taken as soon as possible.
- The crash report, if a vehicle was involved. See How to Request a Utah Traffic Accident Report.
- Witness names.
- Records requests for maintenance logs, complaints, and prior incidents (through Utah's public records process, with the right entity).
- Weather and lighting conditions.
Frequently asked questions
Can I sue UDOT for a pothole?
Possibly. The Act waives immunity for defective, unsafe, or dangerous road conditions, subject to retained immunities, notice, and caps.
What if the hazard was hidden?
The Act retains immunity for latent defects, so a hidden condition can be a major obstacle; the facts matter.
How long do I have?
Notice within one year of the claim arising, and a lawsuit within two years.
Is the government responsible for a natural condition like ice or a rockslide?
The Act retains immunity for natural conditions on publicly owned or controlled land; specific facts of road maintenance may differ.