Can You Sue for Injuries Sustained on Public Property in California? Your 2025 Guide
October 28, 2025- Categories: Personal Injury
Yes, you can sue a government entity in California for an injury on public property, but the process is not straightforward. It is governed by a special set of rules under the California Tort Claims Act. This law outlines the specific steps you must take to hold a public agency accountable for negligence.
The core challenge is that you cannot go directly to court as you might with a typical personal injury claim. You must first file a formal administrative claim with the correct public entity. This step is mandatory, and you have a very short window to complete it—typically just six months from the date of the injury, as stated in California Government Code § 911.2.
If you have a question about an injury that happened on public property, call Neale & Fhima for a free consultation at (888) 407-2955.
Why Is Suing the Government So Different? Understanding “Sovereign Immunity”
Think of it like this: you can’t just walk into a military base without permission. Similarly, you generally cannot sue the government without its “permission.”
This concept is rooted in a legal principle called sovereign immunity. Historically, this doctrine meant that governments could not be sued at all, based on the old English idea that “the king can do no wrong.”
Modern society requires more accountability. California has waived this immunity in certain situations, effectively giving permission to be sued, but only if you follow their exact rules. The California Tort Claims Act is the official rulebook for how and when this permission is granted. It lays out a precise, non-negotiable process that must be followed.
What this means for you is that a claim against a city, county, or state agency is fundamentally different from a claim against a private business or another individual. The government sets the terms, and the courts enforce them strictly. The deadlines are much shorter, the paperwork is more specific, and the reasons for claim denial are numerous. For instance, a public entity might argue that it was not aware of the dangerous condition that caused your injury or that your own actions contributed significantly to the accident.
The First Step: Your 6-Month Government Tort Claim Deadline
The single most important deadline in a case against a public entity is the requirement to file a formal “Notice of Claim.”
For personal injury claims in California, this deadline is just six months from the date of the incident. The standard two-year statute of limitations for most personal injury cases does not apply at this initial stage. You cannot file a lawsuit until you have first filed this administrative claim and had it rejected.
What happens if you miss this six-month window? In nearly all cases, you lose your right to sue forever. It does not matter how severe your injury is or how clear the government’s fault may be. The public entity will simply reject any later attempts to file a claim, and the court will uphold that decision. This is a procedural trap that many people fall into when they try to handle these claims without legal guidance.
The claim itself is a formal document that must detail several key pieces of information:
- Your name and contact information.
- A clear description of when, where, and how the injury occurred.
- A general description of your injuries and the financial losses you have incurred.
- The total amount of money you are seeking in compensation.
After you file the claim, the government entity has 45 days to respond. They will either accept the claim and offer a settlement (which is rare), formally reject the claim, or do nothing. If they do not respond within 45 days, the law treats it as a rejection. Only after your claim has been rejected you proceed with filing a lawsuit in court. You then have six months from the date of that rejection to file your lawsuit.
What Makes a Public Property “Dangerous” Under California Law?
To succeed in a lawsuit against a government entity, you must do more than show you were injured on their property. You must prove that your injury was caused by a “dangerous condition,” a term specifically defined in California Government Code § 835. This legal standard has two key elements you must satisfy.
First, you have to show that the property created a reasonably foreseeable risk of the kind of injury you sustained. This does not mean the property had to be in a state of complete disrepair. It simply means that a risk of harm existed that the government agency should have anticipated. For example, a large, uplifted slab of concrete on a city sidewalk creates a foreseeable risk that a pedestrian might trip and fall. A malfunctioning traffic signal at a busy intersection creates a foreseeable risk of a car accident.
Second, and typically the most contested part of a case, is proving the public entity knew or should have known about the dangerous condition. This is established in one of two ways:
- Actual Notice: This means a public employee, such as a maintenance worker, city inspector, or police officer, was aware of the specific hazard before your injury occurred.
- Constructive Notice: This means the dangerous condition existed for a long enough period that the public entity, by exercising reasonable diligence and inspection, should have discovered and repaired it. A cracked and broken sidewalk that has clearly been in that state for years is a classic example of constructive notice.
Common examples of dangerous conditions on public property include:
- Poorly Maintained Sidewalks: Uneven concrete, deep cracks, or gaping potholes.
- Dangerous Roadways: Faded crosswalks, malfunctioning traffic lights, lack of proper signage, or poor road design. The new 2025 “daylighting” law (AB 413), which restricts parking within 20 feet of crosswalks to improve visibility, may also impact liability arguments for pedestrian accidents in urban areas like Los Angeles and Orange County.
- Unsafe Public Parks: Broken playground equipment, inadequate lighting in walkways, or unmarked hazards.
- Hazards in Government Buildings: Wet floors without proper warning signs, broken staircases, or faulty handrails.
The government entity will almost certainly raise defenses, arguing the condition was “trivial” or that you were not using the property with reasonable care. Our job is to build a strong case with compelling evidence to show the hazard was significant and that your actions were reasonable under the circumstances.
Frequently Asked Questions About Public Property Injury Claims
What if my child was the one injured in a public park?
The same rules and deadlines generally apply, but the claim is filed on behalf of the minor. While the timeline for claims involving minors is sometimes extended under specific circumstances, it is always safest and most effective to act within the standard six-month window to ensure no rights are lost.
Does this apply to injuries on public transportation, like a bus in Orange County?
Yes. Public transit authorities, such as the Orange County Transportation Authority (OCTA), are government entities. Any claim for an injury that occurs on a public bus, at a bus stop, or on other transit property would be subject to the procedures outlined in the California Tort Claims Act.
How many of these claims are actually filed in California?
While specific numbers for claims against public entities are compiled by each agency, the overall trend is clear. According to the most recent data available, personal injury filings in California have been on the rise, reflecting a greater public awareness of liability for accidents that occur on both public and private property.
Taking the Right Steps with Neale & Fhima
You do not need to have all the answers or know every legal rule to protect your rights. The most important thing to understand is that you have a very limited time to act after an injury on public property.
The sooner we begin investigating your accident and preparing your formal claim, the stronger your case will be. Evidence disappears, and memories fade, so prompt action is key.
Call our team for a free, confidential discussion about your situation today at (888) 407-2955.
Attorney Aaron Fhima
Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]
