Why public property is a different case
California limits what you can recover from a public entity in ways that do not apply to a private landlord. Government Code § 835 allows recovery only when public property was in a dangerous condition at the time of the injury, the condition created a reasonably foreseeable risk of the kind of injury you suffered, and either an employee's negligent act created the condition or the entity had notice of it in time to take reasonable measures to protect the public. Notice can be actual or constructive: under § 835.2 an entity is charged with notice when the condition existed long enough and was obvious enough that a reasonable inspection would have found it.
In practice that means the case is usually decided by the entity's own paperwork. Work orders, inspection routes, custodial schedules, complaint logs and prior incident reports tell you whether anyone knew about the condition before you fell. We ask for those records early, because they are the difference between a notice argument that holds up and one that does not.
Federal buildings are not covered by that statute
The post office, a federal courthouse, a VA facility or any building owned by the United States runs on the Federal Tort Claims Act instead. Under 28 U.S.C. § 2675 the claim is presented to the agency and the deadline is two years, with a six-month waiting period before suit. Filing the state form on a federal building is the same as filing nothing.
What we want to see first
- Photographs of the exact spot, taken from a standing height and from a low angle, with something in frame for scale
- The address and the room, stairwell, doorway or parking level, described so a records clerk can find it
- Whether a cone, sign, mat, barricade or caution tape was present, and where it sat relative to where you fell
- Names and contact information for anyone who saw the fall or helped you
- Any accident report, incident slip or security response the entity generated that day
- Medical records showing the mechanism of injury, not just the diagnosis
Design immunity does not cover maintenance
Public entities frequently assert design immunity under Government Code § 830.6, which protects a plan or design approved by a discretionary authority. It does not cover a building that was built correctly and maintained badly: a burned-out light, a torn carpet edge, a handrail that pulled out of the wall, a drain that has overflowed for months. Those are notice and maintenance failures, and they are the facts we look for.
Deadlines
Six months to present the written claim. Six months from denial to file suit. Two years for the underlying personal injury claim in the ordinary case. If you are reading this at month five, call rather than write.
Common questions
How long do I have to file a claim against a city or county?
Six months from the date of the injury, under Government Code § 911.2. The suit deadline starts after the entity acts on the claim or 45 days pass without action.
Can I just sue the city without filing a claim?
No. Government Code § 945.4 bars suit until a written claim has been presented and rejected or deemed rejected. The claim is a prerequisite, not a formality.
What if I fell on a sidewalk in front of a private business?
The condition and control of the surface decide it. A sidewalk is generally public property, and the abutting owner is usually not responsible for its repair unless the owner created the condition or put it to a special use. We check ownership and maintenance responsibility before deciding who the claim goes to.
Does it hurt me that I did not report the fall that day?
It makes the case harder to prove but does not end it. The entity's maintenance and inspection records often establish the condition better than a report would.