Injuries can happen anywhere, including on property owned or managed by the government. Whether you slip on a wet floor in a post office, trip on a broken sidewalk near a public school, or get hurt in a city park, your legal rights are different when a government agency is involved. In California, personal injury claims against government entities follow a specific process that sets them apart from standard claims against private individuals or businesses.
Understanding how the rules work—and how quickly you need to act—can make a major difference in your ability to recover compensation.
The Government Has a Duty to Maintain Safe Conditions
Government agencies, like cities, counties, school districts, and state departments, are responsible for keeping their properties reasonably safe. That includes public buildings, roads, parks, and sidewalks. If a dangerous condition exists and someone is injured because of it, the agency could be held liable—just like a private landowner would be.
But there’s a catch. Suing a public entity comes with extra steps, shorter deadlines, and strict requirements. If these aren’t followed, your claim may be dismissed before it ever reaches court.
Common Scenarios Involving Government Property
Some of the most common cases involving injuries on government property in California include:
- Slips, trips, and falls on sidewalks, staircases, or entryways at public buildings
- Accidents in public parks or recreation areas
- Injuries at government-run schools or libraries
- Vehicle crashes caused by poorly maintained public roads
- Falling objects or structural failures in public facilities
- Accidents involving public transportation or municipal vehicles
Each of these situations may seem like an ordinary personal injury claim, but if the property is owned or managed by a government agency, a special process must be followed.
The Government Claims Act Controls the Process
California’s Government Claims Act lays out the procedure for bringing a claim against a state or local public entity. Before you can file a lawsuit, you must first submit a formal claim to the agency involved. This must be done within six months of the date of the injury.
This pre-lawsuit step gives the agency a chance to review your claim and either accept or deny responsibility. If the claim is rejected—or if the agency does not respond within 45 days—you may then have the right to file a lawsuit in civil court.
Missing the six-month deadline almost always results in the loss of your right to sue. Courts rarely make exceptions, so it’s important to act quickly.
What Must Be Proven in a Government Property Injury Claim
Even though you’re dealing with a government agency, the basic elements of a personal injury claim still apply. You must be able to show:
- The agency owned or controlled the property where the injury occurred
- A dangerous condition existed on the property
- The agency knew (or should have known) about the hazard and did not fix it in time
- That dangerous condition directly caused your injury
- You suffered actual harm—such as physical injury, medical expenses, or lost income
The phrase “dangerous condition” doesn’t mean any condition that could possibly lead to injury. It must be something that creates a substantial risk of harm when the property is used in a reasonable manner. Examples include a large pothole in a crosswalk, broken handrails in a courthouse stairwell, or uneven pavement at a city hall entrance.
Why These Claims Are Often Challenging
Bringing a claim against a government agency is not easy. They have teams of legal professionals who are trained to deny liability or minimize payouts. You may hear arguments like:
- The condition wasn’t dangerous
- You were not using the property as intended
- You were partly or entirely at fault for the injury
- The agency didn’t know about the hazard in time to correct it
In some cases, the government may argue that the condition was part of a design decision and is protected by “design immunity” under California law. This means that if the hazard resulted from a public project that was approved by engineers and met official standards, the agency might not be liable.
Because these defenses are technical and specific to California law, it’s important to have a legal team that knows how to respond to them.
Claims Against Different Levels of Government
In California, the process is similar whether you are dealing with a city, county, or state agency. But the rules can vary if the injury involves federal property, such as a post office, VA hospital, or national park. Claims against the federal government are governed by the Federal Tort Claims Act (FTCA), which also has strict deadlines and procedures.
If you’re unsure whether the property was federal or state-controlled, a personal injury attorney can help investigate and determine the right path forward.
Compensation You Can Pursue
If your claim is successful, you may be entitled to recover a variety of damages, including:
- Medical expenses (past and future)
- Lost wages and reduced earning ability
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
However, California limits the amount of compensation that can be recovered in certain situations involving public entities. In some cases, punitive damages are not available, even if the government’s behavior was reckless.
What to Do After an Injury on Government Property
If you’re injured on government-owned property, time is not on your side. Here’s what to do right away:
- Get medical attention even if the injury seems minor. Your health should always come first.
- Document the scene. Take photos of the hazard, your injuries, and any nearby warning signs or lack of them.
- Gather witness information. Get names and contact details for anyone who saw the incident.
- Identify the agency responsible. Look for signage or ask nearby staff which department owns or maintains the area.
- Speak with an attorney. Don’t wait until the six-month deadline is close. An experienced attorney can help file your claim correctly and on time.
Working with the Right Legal Team Makes a Difference
When you’re going up against a government agency, the details matter. A missed deadline, a poorly written claim form, or lack of evidence can cost you the chance to recover anything at all. At our California personal injury firm, we help injury victims navigate the claims process, build a strong case, and take action when government negligence causes serious harm.
If you or someone you love has been hurt on public property, reach out today to schedule a consultation. We’ll explain your options and guide you through the steps needed to protect your rights.
