Broken & uneven sidewalks
Trip-and-fall injuries from raised slabs, cracks, and crumbling concrete that a city failed to repair.
California Dangerous Conditions of Public Property & Government Claims
Hurt on public property? You can hold the government accountable — but the clock is already running.
A broken sidewalk, a pothole, an unsafe public stairway — when a dangerous condition on public property injures you, a city, county, or the state can be held responsible. But these claims follow their own strict rules, and in California you generally have just six months to act. Kocaj Law, P.C. knows this process from the inside out.
No Recovery, No Fee · The 6-month government-claim deadline is real
$50M+
Recovered for clients
1,000+
Cases resolved
2
States licensed (CA & MI)
6×
Super Lawyers Rising Star
A different kind of injury claim
When the government's neglect causes the harm
Public entities are supposed to keep their property reasonably safe — the sidewalks we walk, the roads we drive, the stairs and walkways in public buildings and parks. When they don't, and someone is seriously hurt, California law lets the injured person seek compensation from the responsible city, county, or state agency.
But a claim against the government is not an ordinary injury case. It runs through the California Government Claims Act, a maze of deadlines, notice rules, and immunities designed to make these claims hard to bring. The most important rule is also the easiest to miss: a written claim usually must be presented within six months of the injury. Get that wrong, and an otherwise strong case can be lost before it begins. That's exactly why who handles it matters.
Cases we handle
Dangerous conditions on public property
If you were injured by any of these in California, the government may be responsible — and the deadline to act is short.
Potholes & dangerous roads
Road defects and poorly maintained surfaces that cause crashes and falls for drivers, cyclists, and pedestrians.
Dangerous road & intersection design
Defective layouts, missing signage or signals, and sight-line hazards that create a foreseeable risk of harm.
Unsafe stairs, ramps & railings
Public stairways and walkways with broken steps, missing handrails, or hidden drop-offs.
Hazards in parks & public grounds
Dangerous conditions at public parks, plazas, and recreation areas where visitors are reasonably expected.
Public buildings & facilities
Falls and injuries inside courthouses, schools, transit stations, and other government-owned facilities.
Your rights under California law
What it takes to hold a public entity responsible
California Government Code section 835 sets out what an injured person must show. Here's what it means in plain terms.
A genuinely dangerous condition
The property must have posed a substantial — not trivial — risk of injury to people using it with reasonable care, in a way the public could be expected to use it.
The entity created it or knew about it
Either a public employee's negligence caused the condition, or the entity had actual or constructive notice of it in time to fix it or warn about it.
It caused a foreseeable injury
The dangerous condition must have been a cause of your injury, and the kind of harm you suffered must have been a foreseeable result of that condition.
Your own care doesn't erase the claim
The condition is judged by how the public generally would use the property with due care. Even if you were partly at fault, California's comparative-fault rule reduces — rather than eliminates — recovery.
The process that trips people up
The government-claim deadline, step by step
These claims have a procedure all their own. Here's the path — and where it most often goes wrong.
- 1
Six months to present a written claim
Before you can sue, a written claim generally must be presented to the correct public entity within six months of the injury. This is the single most important — and most missed — deadline.
- 2
To the right entity, with the right information
The claim must go to the correct office of the correct agency and contain specific required details. Filing with the wrong public entity is a classic, case-ending mistake.
- 3
The entity has 45 days to respond
The public entity can accept or reject the claim. If it does nothing within 45 days, the claim is treated as rejected by operation of law.
- 4
A rejection starts a six-month clock to sue
Once the entity sends a written rejection, you generally have only six months to file your lawsuit — a deadline that is strictly enforced.
Published authority
Our attorney wrote the guide on California government claims
These cases are lost on technicalities every day — missed deadlines, the wrong entity, a defective claim form. Adam Kocaj authored a published guide to navigating exactly those traps, including how to pursue relief when a deadline is missed, for the Orange County Trial Lawyers Association's magazine.
When the rules are this unforgiving, it matters that your attorney has taught other lawyers how to handle them — and knows where the path most often breaks down.
Adam Kocaj, Esq., “Government Claims: What To Do When You Fail To Timely File a Claim With the Correct Public Entity,” The Gavel, Orange County Trial Lawyers Association, Spring 2023.
What you may recover
Compensation for a serious injury
Medical care — now and future
Emergency treatment, surgery, rehabilitation, and the ongoing care a serious fall or crash often requires.
Lost wages & earning capacity
Income lost during recovery, plus the long-term impact if your injuries affect your ability to work.
Pain, suffering & loss of enjoyment
The physical pain and the real effect a lasting injury has on your daily life and independence.
Future care & accommodations
The cost of long-term treatment, assistive needs, and adaptations a permanent injury may require.
The law behind your claim
California laws that govern public-property injuries
A handful of statutes drive these cases — for and against the injured person.
Public-entity liability
The core statute: a public entity can be liable for an injury caused by a dangerous condition of its property when the elements are met.
What counts as “dangerous”
Defines a dangerous condition as one creating a substantial — not minor or trivial — risk of injury to people using the property with due care.
The trivial-defect doctrine
Lets a court dismiss a case if a defect is too minor to be dangerous — but size is only one factor, and aggravating conditions can defeat it.
Actual & constructive notice
The entity is on the hook only if it knew, or in the exercise of reasonable care should have discovered, the condition in time to act.
The six-month claim deadline
A written claim generally must be presented within six months of the injury — the deadline that decides many of these cases.
Late-claim relief
If the deadline was missed, the law provides a process to seek permission to file late on grounds such as mistake or excusable neglect.
Six months goes faster than you think — and missing it can end the case
If you were injured on public property, the deadline to file a government claim is already counting down. And if you believe a deadline may have already passed, don't assume it's hopeless — late-claim relief is sometimes available, but only if you act quickly. Find out exactly where you stand today.
Why injured Californians choose Kocaj Law
Deep command of the Government Claims Act
Most injury lawyers rarely touch government claims, and the procedural traps catch the unprepared. This is an area our firm knows from the inside.
- Published authority. Adam authored a guide to the Government Claims Act — including late-claim relief — for the Orange County Trial Lawyers Association's magazine, The Gavel.
- Proven results. More than $50 million recovered and 1,000+ cases resolved for injured people across California.
- Battle-tested & appellate-experienced. A trial lawyer insurers and government defendants know will go the distance — with two published California Court of Appeal decisions behind him.
- No Recovery, No Fee. We take these cases on contingency. The consultation is free, and you owe nothing unless and until we recover for you.
A claim against the government is won or lost on details most people never see coming. Knowing exactly where those traps are — and how to get around them — is the difference between a case and a closed door.
AK
Adam KocajFounding Trial Attorney, Kocaj Law, P.C. · Licensed in CA & MI · CA Bar No. 321680
Questions injured people ask
Government claims in California: your questions, answered
Can I sue a city, county, or the State of California for my injury?
Yes, in the right circumstances. California law lets you hold a public entity responsible for an injury caused by a dangerous condition of its property — a broken sidewalk, a pothole, an unsafe public stairway. These claims follow a special set of rules called the Government Claims Act, which differs from an ordinary injury case and carries strict deadlines.
How long do I have to file a claim against a government entity?
Usually only six months. Before you can sue a public entity, you generally must present a written government claim within six months of the injury — far shorter than the deadline in most injury cases, and missing it can permanently bar your case. Because the clock starts at the time of injury, it's important to speak with an attorney as soon as possible.
What if I already missed the six-month deadline?
It may not be over. California provides a process to ask permission to file a late claim, and relief is available in certain situations — such as mistake, excusable neglect, or where the injured person was a minor or incapacitated. These applications are time-sensitive and technical, so if you think a deadline was missed, contact an attorney right away. Our attorney has authored published guidance on exactly this problem.
The sidewalk crack was small — can the city call it a “trivial defect”?
Cities often try. California's “trivial defect” doctrine lets a court dismiss a case when a defect is too minor to be dangerous. But size isn't the only factor — courts also weigh jagged or broken edges, poor lighting, whether the defect was hidden or obstructed, and whether it had caused other falls. When those aggravating circumstances exist, a defect that looks small can still support a claim.
Do I have to file a special claim before I can sue the government?
Yes. The Government Claims Act requires you to present a written claim to the correct public entity before filing suit. The claim has required contents and must go to the right office. The entity then has 45 days to respond; a rejection starts a six-month window to file. Getting this right — and to the correct entity — is one of the most common places these cases go wrong.
What does it cost to hire a government-claims lawyer?
Kocaj Law, P.C. handles these cases on a contingency basis. The initial consultation is free and confidential, and you owe no attorney's fee unless we recover compensation for you. Given the short deadlines, the cost of waiting is usually far greater than the cost of a call.
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.
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Learn about Premises LiabilityWrongful Death
When a dangerous public condition takes a life, families may pursue a wrongful death claim.
Learn about Wrongful DeathNo 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.