A cyclist's unfortunate accident on a slippery bike path has led to a legal battle against multiple entities responsible for the maintenance and safety of the area. On November 26, 2024, Robert Kirsten filed a complaint in the Superior Court of California, County of San Francisco, against the City and County of San Francisco and several other defendants. The lawsuit alleges personal injury due to premises liability.
The incident in question occurred on October 18, 2023, when Robert Kirsten was cycling along a waterfront path south of McCovey Cove. Due to construction activities, he was forced onto a temporary bike path that wound around the site before rejoining the established trail at a precarious angle. As Kirsten attempted to navigate this transition, his tires lost traction on what was later found to be an especially slippery surface, causing him to fall and sustain significant injuries. The complaint highlights that "the pathway was especially slippery and unsafe for use by bicyclists," constituting a dangerous condition under California Government Code § 830(a).
Kirsten's legal team argues that the defendants were negligent in maintaining the bike path and failed to provide adequate warnings about its hazardous condition. The complaint asserts that these conditions created "a concealed trap for cyclists" and were due to negligent acts or omissions by employees within their scope of employment as per Government Code § 815.2. Furthermore, it is alleged that despite having actual or constructive notice of these dangers, the defendants did not take necessary measures to rectify them or warn users like Kirsten.
The plaintiff seeks compensation for various damages resulting from this incident. These include noneconomic damages such as pain and suffering, economic damages covering medical expenses and loss of earnings capacity, as well as property damage to his bicycle. Additionally, Kirsten requests prejudgment interest according to relevant Civil Codes and coverage for court costs.
Representing Robert Kirsten is attorney John M. Feder from Rouda, Feder, Tietjen & McGuinn law firm. The case is presided over by Judge Sahar Enayati under Case ID CGC-24-620149.