Tree-root sidewalk displacements
Slabs lifted by parkway trees — often the city's responsibility under municipal code.
Dangerous Sidewalks & Public Property
Dangerous Sidewalk Injury Lawyer
Cracked sidewalks, raised tree-root displacements, and missing curb cuts cause thousands of fractures every year. California Government Code § 835 gives victims the right to sue — but only if you file the right claim, in the right form, on the right deadline.
Reviewed by Ryan D. Kocaj, Founding Attorney — CA Bar No. 321680Last updated
The single biggest reason valid sidewalk-injury cases fail in California is the six-month government claims deadline. Miss it, and you are forever barred from suing the city, county, or state — no matter how clearly liable they are.
Kocaj Law has handled government tort claims against cities, counties, and the State of California. We know the procedural traps, and we move fast.
Cases we take
What we handle
Each fact pattern is investigated with the same intensity — whether it settles before suit or proceeds through trial and appeal.
Cracked & broken concrete
Long-deferred maintenance creating hazards greater than ¾-inch — California's de facto threshold for actionable defects.
Missing or damaged curb cuts
ADA-related claims and serious fall injuries at intersections.
Hazardous roadway conditions
Potholes, missing signage, and dangerous intersection design.
Defective public stairs & ramps
Inside government buildings, parks, beaches, and parking structures.
Trip hazards in public parks
Exposed sprinklers, broken pavers, and unmarked drop-offs.
Why this matters
The stakes are real.
Under Government Code § 911.2, a written claim must be filed with the correct public entity within six months of the injury for personal injury claims. The claim must contain specific information — names, dates, location with precision, nature of injury, and the dollar amount sought (or "amount in excess of $25,000"). A defective claim can sink an otherwise winning case.
We identify the right defendant (city? county? Caltrans? a private adjacent owner?), file the claim correctly, and prosecute the case if the entity denies it — which they almost always do.
Compensation we pursue
Damages available to you
- All medical expenses, past and future
- Lost wages and lost earning capacity
- Pain, suffering, and disfigurement
- Long-term care and home modifications
- Out-of-pocket costs (assistive devices, transportation)
- Loss of consortium for spouses
What to expect
How we build your case
- 01
Identify the right entity
City, county, state, special district, or private adjacent owner — we determine who is legally responsible.
- 02
File a compliant claim within 6 months
We draft and serve a Government Code § 910 claim with all required elements.
- 03
Litigate after denial
Most public entities deny claims as a matter of policy. Once denied, we file suit within the statutory window and prove dangerous condition under § 835.
FAQ
Frequently asked questions
What if more than 6 months have passed?
You may still have options. A late-claim application under Government Code § 911.4 can sometimes be granted for excusable neglect, mistake, or incapacity. The deadline for a late-claim petition is generally one year. Call us immediately to evaluate.
Who is responsible — the city or the adjacent property owner?
It depends. Many California cities have ordinances making adjacent owners responsible for sidewalk repair, but liability for injuries often rests with the city under § 835. We frequently sue both and let the court sort it out.
Is a small crack enough to win a case?
California courts have generally treated displacements under ¾-inch as 'trivial' as a matter of law, but exceptions exist (jagged edges, poor lighting, obscured by debris). A photograph and measurement at the scene matters enormously.
What does it cost to pursue a government claim?
Nothing up front. We work on contingency and advance all costs. You owe nothing unless we recover.
Related practice areas
You may also be looking for
Many of our cases overlap with the areas below. Explore related representation we offer across California and Michigan.
Premises Liability
Falls on private property follow a different (longer) statute of limitations and proof framework.
Learn about Premises LiabilityWrongful Death
Fatal sidewalk falls — common among older adults — may support wrongful death claims.
Learn about Wrongful DeathPedestrian Accidents
Pedestrians struck on or near sidewalks frequently have overlapping auto and government claims.
Learn about Pedestrian AccidentsNo Recovery. No Fee.
Injured? Let’s talk — your consultation is free.
You pay nothing unless we recover for you. Speak directly with Adam Kocaj today.