You did nothing wrong. You were walking along a public sidewalk in San Luis Obispo, or driving on a road in Atascadero, when someone else’s negligence turned an ordinary day into a painful ordeal. But here is the part that catches most people off guard: when the party at fault is a city, county, or other government agency, the rules change completely. You cannot simply hire an attorney and file a lawsuit the way you would against a private person or business.Â
California has its own strict legal requirements that you must follow first, and missing even one deadline can permanently end your right to compensation. If you want to sue a city in California for a personal injury, this post walks you through exactly what you need to know.
What Is the California Government Claims Act?
The law that controls your ability to pursue a claim against a government entity is the Government Claims Act, found in California Government Code sections 810 through 996.6 and was previously known as the California Tort Claims Act. Many attorneys still use that older name. The main idea is that before you can file a lawsuit against a city, county, or other public entity, you must first submit a formal claim and give the entity an opportunity to respond.
The Government Claims Act is based on the principle of sovereign immunity, which means that you generally cannot sue the government unless the law allows it. To balance this protection with fairness for injured individuals, the Act creates specific situations in which a government entity can be held liable. These include personal injury, wrongful death, and property damage caused by the negligence of a government employee acting within the scope of their employment, or by a dangerous condition on public property when the entity had notice of it.
Certain acts are generally not covered, such as the government’s discretionary decisions, including passing ordinances or issuing permits. Because claims against public entities can be complex, consulting an attorney before taking any action is highly recommended.
What Types of Injuries Can Lead to an Injury on City Property Lawsuit?
Many people are surprised to learn just how broad the coverage is under the Government Claims Act. Common situations that can give rise to a valid claim against a city or county in California include:
- Trips and falls caused by broken sidewalks, potholes, or poorly maintained public walkways
- Car accidents involving city or county vehicles, such as buses or municipal trucks
- Injuries caused by dangerous conditions on public parks, government buildings, or public recreation areas
- Dog attacks involving animals under the control of a government agency
- Injuries caused by negligent government employees acting within the scope of their employment
- Flooding or property damage from poorly maintained public drainage systems
Under California Government Code section 815.2, a public entity may be held liable for injuries caused by the act or omission of an employee, provided the employee was acting within the scope of their employment. California Government Code section 835 provides that a public entity may be liable for injuries caused by a dangerous condition on public property if the entity had actual or constructive notice of the condition and sufficient time to correct it.
Claims involving city property can provide a legal remedy when these conditions are met, but pursuing such claims requires careful attention to procedural requirements and deadlines.
The Six-Month Deadline: Why It Matters More Than Anything Else
If there is one thing you take away from this post, make it this: you have six months from the date of your injury to file a government claim. This deadline is set by California Government Code section 911.2, and it applies to claims for personal injury, wrongful death, and property damage. This is very different from the two-year statute of limitations that applies in standard personal injury cases involving private parties, and many people lose their right to compensation simply because they did not know about this shortened window.
If you miss this deadline, the law allows you to apply for permission to file a late claim, but only under specific circumstances such as mistake, inadvertence, or excusable neglect. Not knowing about the deadline is not considered an excusable reason. Any late-claim application must itself be filed within one year of the injury date. Courts rarely grant these applications, so treat the six-month window as a hard, final deadline.
How to File a Government Claim Form in California
When you are ready to begin, the first concrete step is completing and submitting the government claim form in California. Because you are dealing with a city or county rather than a state agency, you file your claim directly with that local government entity. Many cities and counties have their own designated claim forms available on their official websites or at their administrative offices. If the agency does not have its own form, you can submit a written letter containing all required information.
Under California Government Code section 910, a valid claim must include all of the following:
- Your name and the mailing address where you wish to receive notices
- The date, location, and circumstances of the incident that caused your injury or loss
- A general description of the injury, damage, or loss you suffered
- The names of any public employees who caused the injury, if known
The dollar amount you are claiming, if the total is less than $10,000, along with an explanation of how you calculated that amount. If your claim exceeds $10,000, you do not state a specific amount, but you must indicate whether you are bringing a limited civil case or an unlimited civil case
The claim must be signed by you or someone authorized to act on your behalf. Missing required information can result in the claim being rejected, which is why having an attorney review your submission beforehand is well worth doing.
What Happens After You Submit Your Claim?
Once the city or county receives your claim, the agency generally has 45 days to respond. During this time, they will investigate the circumstances of your injury. The agency may accept the claim and offer a settlement, accept it in part, or reject it entirely. If your claim is denied, the agency must provide a written notice informing you of your right to file a lawsuit. This is often called a right-to-sue notice.
After you receive a written rejection, you generally have six months from the date the notice was mailed or personally delivered to file a lawsuit in court, as provided by California Government Code section 945.6. If the agency does not respond within 45 days, the claim is deemed rejected, which also triggers the six-month period to file a lawsuit. The two-year statute of limitations for private personal injury claims does not apply in this context.
It is important to remember that no lawsuit can be filed against a public entity until the claim process has been completed. Filing a lawsuit before the claim is properly submitted and acted on will usually result in dismissal, as clarified by California Government Code section 945.4.
Can You Sue a City in California If You Share Some Fault?
California follows a rule called pure comparative fault. This means that even if you are partly responsible for your own injury, you may still recover compensation. Your total award would be reduced in proportion to your percentage of fault. For example, if a jury determines you were 20 percent at fault for a fall on a damaged public pathway, your recovery would be reduced by 20 percent.
It is important to note that while comparative fault applies, claims against public entities are also subject to the specific rules and limitations under the Government Claims Act. This includes liability only for employee negligence within the scope of employment or dangerous conditions on public property when the entity had notice. Comparative fault does not remove these requirements but determines how damages are calculated once liability is established.
Special Rules for Minors and Incapacitated Individuals
The Government Claims Act offers additional protections for minors and individuals with a mental incapacity. If the injured person is under 18, a parent, guardian, or authorized adult must file the claim on their behalf. For those with a mental incapacity, a guardian, conservator, or legal representative may file. The requirements for the claim itself do not change, but these provisions ensure that vulnerable individuals are not cut off from their legal rights because of their age or condition.
Key Takeaways
- To sue a city or county in California for a personal injury, you must first submit an administrative claim under the Government Claims Act before filing a lawsuit.
- You generally have six months from the date of injury, or from the date of a written or deemed claim rejection, to file a lawsuit. Missing this deadline can prevent you from recovering compensation, though in rare circumstances a late claim may be requested under Government Code section 911.4.
- Your government claim must include specific information required by California law and be filed with the correct local government entity.
- The agency has 45 days to respond to your claim. If the claim is denied or deemed rejected, the six-month period to file a lawsuit begins. Filing before the claim process is completed can result in dismissal.
- A claim may be valid when a public entity’s employee acted negligently within the scope of employment or when a dangerous condition existed on public property and the entity had notice and time to remedy it.
- California follows pure comparative fault, meaning partial fault on your part does not automatically bar recovery, but damages are reduced according to your share of fault.
- Special provisions allow parents, guardians, or legal representatives to file claims on behalf of minors or individuals with mental incapacities.
Frequently Asked Questions
What if I missed the six-month deadline to file my government claim?
You may be able to request permission to file a late claim under Government Code section 911.4, but only for valid reasons such as mistake, inadvertence, or excusable neglect. The late claim request must be filed within one year of the injury. Courts rarely approve late claims, so it is important to contact an attorney as soon as possible.
Do I file my claim with the city, the county, or the state?
It depends on which government entity caused the injury. Claims against cities or counties are filed directly with that local government. Claims against state agencies are usually submitted through the Government Claims Program operated by the California Department of General Services, although some state agencies have their own claims offices.
Can I get punitive damages when I sue a city in California?
No. California law does not allow punitive damages against public entities. You can recover actual damages, such as medical bills, lost income, property damage, and pain and suffering, but punitive damages are not available.
What if a government contractor, not a government employee, caused my injury?
If an independent contractor caused the injury, you generally file a claim directly against the contractor and the Government Claims Act does not apply. If the contractor was acting on behalf of a government entity, the entity may still be liable, so it is important to determine the correct party before filing.
How long does the entire process take?
The government has 45 days to respond to your claim. If the claim is denied and you file a lawsuit, the case then follows the normal civil litigation timeline, which can take several months to several years depending on complexity, settlement negotiations, and whether the case goes to trial.
Contact 805 Law Group Today
Filing a claim against a city or county in California is not something you want to handle alone. The deadlines are strict, the paperwork must be precise, and government entities have legal teams working to minimize what they pay out. At 805 Law Group, our personal injury lawyers represent injured people in San Luis Obispo, Atascadero, and throughout the Central Coast, and we know how to hold public entities accountable when their negligence harms our neighbors.
Do not wait until your six-month window has closed. The moment you suspect a city or county may be responsible for your injuries, reach out to us for a confidential consultation. We will review your situation, explain your rights in plain language, and provide an honest assessment of your options. Your time to act is limited. Let us help you protect it.
