Overview
If you are hurt on public property in California -- a broken sidewalk, a pothole, a defective park fixture, a dangerous road -- the rules are different from a private premises liability case. You are suing a government entity, and the California Tort Claims Act imposes strict procedural requirements and powerful immunities that do not exist in private cases.
The most critical requirement is the six-month government claim deadline. Miss it and your case is almost certainly dead, no matter how strong the facts are.
The Six-Month Government Claim Deadline
What the Claim Must Contain
Government Code section 910 requires the claim to include: your name and address, the date and place of the incident, a description of the injury, the names of any public employees involved (if known), and the amount claimed or a statement that it exceeds $10,000.
After You File
The entity has 45 days to accept, reject, or take no action. If the claim is rejected (or deemed rejected after 45 days), you must file suit within six months of the rejection.
The six-month government claim deadline is running. Every day counts.
Most people do not know they need to file a formal government claim before they can file a lawsuit. A lawyer can prepare and file the claim for you and start preserving evidence immediately.
Government Code 835: The Four Elements
Government Code section 835 is the exclusive basis for holding a public entity liable for injury caused by a dangerous condition of its property. You must prove all four elements:
- The property was in a dangerous condition at the time of injury
- The injury was proximately caused by the dangerous condition
- The dangerous condition created a reasonably foreseeable risk of the kind of injury that occurred
- Either: (a) a government employee created the dangerous condition within the scope of employment, or (b) the entity had actual or constructive notice of the condition in time to have taken protective measures
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What Is a Dangerous Condition?
A dangerous condition under Government Code section 830 is a condition of property that creates a substantial (not minor, trivial, or insignificant) risk of injury when the property is used with due care in a reasonably foreseeable manner. The condition must be physical -- a defect in or condition of the property itself.
| Category | Examples | Key Evidence |
|---|---|---|
| Roadway defects | Potholes, broken pavement, missing lane markings | Maintenance records, prior complaints, traffic volume |
| Sidewalk defects | Raised sections, cracks, tree root upheaval | Measurements, city inspection records |
| Traffic control | Missing signs, malfunctioning signals | Signal maintenance logs, sight-distance studies |
| Park hazards | Broken playground equipment, hidden holes, falling limbs | Inspection records, prior incidents |
| Drainage / flooding | Inadequate drainage, standing water on roadways | Storm drain maintenance, drainage design plans |
| Lighting | Inadequate street lighting, burned-out lights | Lighting maintenance records, illumination standards |
The Trivial Defect Doctrine
California courts have developed the trivial defect doctrine, which holds that a property owner is not liable for minor, trivial, or insignificant defects. For sidewalk cases, defects of less than approximately three-quarters of an inch to one inch in height differential are often found trivial as a matter of law. But no absolute minimum applies. The court considers the size, shape, nature, and location of the defect, plus weather, lighting, adjacent conditions, and pedestrian traffic volume.
Notice: Actual vs. Constructive
Actual Notice
The government entity had actual knowledge of the dangerous condition through written complaints from citizens, reports by government employees, prior incidents at the same location, government inspection reports, or work orders.
Constructive Notice
The condition had existed for a sufficient period of time, and the condition was of such an obvious nature that the entity should have discovered it through the exercise of due care.
Design Immunity
Design immunity under Government Code section 830.6 is one of the most powerful defenses available to government entities. It provides immunity when: (1) a discretionary approval of the plans or design was given in advance by an authorized public employee or body; (2) the approval was given in a reasonable manner; and (3) there was substantial evidence supporting the reasonableness of the design at the time of approval.
Overcoming Design Immunity
The most effective strategy is the changed conditions argument under Baldwin v. State (1972) 6 Cal.3d 424. Show that conditions have changed since the original design was approved: increased traffic volume, new construction, vegetation growth, changes in pedestrian patterns, or new safety standards. When the original design is no longer reasonable given current conditions, the entity has a duty to upgrade, and immunity is lost.
Roadway Defects
| Defect | Description | Key Evidence |
|---|---|---|
| Potholes | Deteriorated pavement creating holes or depressions | Prior complaints, maintenance records, traffic volume |
| Shoulder drop-offs | Elevation difference between pavement and shoulder | Measurements, design standards |
| Missing lane markings | Lane markings worn away or missing | Inspection records, last striping date |
| Drainage flooding | Water accumulation on roadway during storms | Storm drain maintenance, prior incidents |
| Signal malfunction | Signals not functioning or improperly timed | Signal maintenance logs, prior complaints |
Sidewalk Defects
Responsibility for sidewalk maintenance is divided between the government entity and adjacent property owners, depending on local ordinances. In Los Angeles, Streets and Highways Code section 5610 may shift maintenance responsibility to adjacent property owners. Common sidewalk defects include tree root uplift, raised or sunken sections, cracked pavement, and missing sections.
Park Injuries
Government entities that own and operate parks may be liable for broken playground equipment, hidden holes, falling tree limbs, defective water features, and dangerous trail conditions. However, government recreational immunity under Government Code section 831.4 may apply to trails and unimproved recreational areas. This immunity does not apply to improved, maintained, and supervised facilities like playgrounds and swimming pools.
Government Immunities
| Immunity | Government Code | Application |
|---|---|---|
| Design immunity | 830.6 | Discretionary approval of plans/design |
| Trail immunity | 831.4 | Unimproved property used for recreation |
| Hazardous recreational activity | 831.7 | Injuries from hazardous recreational activities |
| Third-party acts | 830.4 | Conditions created by third parties (no notice) |
| Traffic control | 830.8 | Failure to provide traffic signals or signs |
| No punitive damages | 818 | Punitive damages barred against public entities |
Design immunity can be overcome. Changed conditions are the key.
When traffic patterns, population density, or safety standards have changed since a road or sidewalk was originally designed, the government's immunity defense can fail. We investigate every available exception.
Damages Against Government Entities
Successful plaintiffs may recover medical expenses (past and future), lost wages and earning capacity, pain and suffering, property damage, and loss of enjoyment of life. Punitive damages are not available against government entities under Government Code section 818. However, if the entity unreasonably rejected a reasonable settlement offer, prejudgment interest may be available under Government Code section 965.5.
Cross-References
- Premises Liability in California -- the overarching framework
- Slip and Fall Cases -- slip and fall on public property
- Government Claims Act -- detailed procedural guidance
- Recreational Immunity -- CC 846 and government recreational immunity
- Comparative Fault -- comparative negligence in government cases
- Economic Damages -- calculating damages against government entities
Common Questions
How long do I have to file a claim against a city or county in California?
You must file a government claim within six months of the date of injury under Government Code section 911.2. This is not the statute of limitations; it is a pre-suit administrative requirement. If you miss the six-month deadline, you may apply for leave to file a late claim within one year, but courts strictly construe late-claim requests. After one year, the right is extinguished entirely. Treat the six-month deadline as jurisdictional.
Can I sue a city for a pothole or broken sidewalk?
Yes, if the defect meets the legal definition of a dangerous condition under Government Code section 830: a condition that creates a substantial, not trivial, risk of injury when the property is used with due care. The government must have had actual or constructive notice of the defect, or a government employee must have created it. For sidewalks, defects under approximately three-quarters of an inch may be found trivial, but the court considers all circumstances, not just height alone.
What is design immunity and can it block my case?
Design immunity under Government Code section 830.6 protects government entities when the design of a road, sidewalk, or facility was approved in advance by an authorized public employee or body, the approval was reasonable, and substantial evidence supported the design at the time. It is one of the most powerful government defenses. However, it can be overcome by showing that conditions have changed since the original design was approved, making the design dangerous under current circumstances.
Can I get punitive damages against a government entity?
No. Government Code section 818 bars punitive damages against public entities in California. You are limited to compensatory damages: medical expenses, lost wages, pain and suffering, and loss of enjoyment of life. However, you can maximize your compensatory recovery, and if the government entity unreasonably rejected a reasonable settlement offer, prejudgment interest may be available under Government Code section 965.5.
Our offices
Local Resources
- Cedars-Sinai EmergencyLos Angeles trauma center for serious injuries from public property hazards.
- LA County Risk ManagementFile a government claim against LA County here.
- City of Los Angeles City ClerkFile a government claim against the City of Los Angeles.
- LA Superior Court · Stanley MoskCivil filings for LA County government property cases.
- CA State Bar LookupVerify any attorney's license before hiring.
- California Government Code § 835. Exclusive basis for imposing liability on a public entity for injury caused by a dangerous condition of its property.
- California Government Code § 911.2. Six-month deadline for presenting a government claim for personal injury.
- California Government Code § 830.6. Design immunity defense for government entities.
- Fielder v. City of Glendale (1977) 71 Cal.App.3d 719. Trivial defect doctrine: minor defects may not constitute a dangerous condition as a matter of law.
- Baldwin v. State (1972) 6 Cal.3d 424. Changed conditions exception to design immunity.
- California Government Code § 818. No punitive damages against public entities.