Governmental Liability in California Personal Injury Cases

What Is Governmental Liability in California?

Governmental liability refers to situations where a public entity or public employee can be held legally responsible for causing injury or harm. In California, you can pursue personal injury claims against government agencies, but special rules apply that don’t exist when suing private parties.

Public entities include:

• State of California
• Counties and cities
• Public school districts
• Transportation agencies (like transit authorities)
• Other government boards and authorities

Public employees are individuals who work for these entities.

The Critical Difference: Limited Liability

Unlike private businesses or individuals, public entities are not automatically responsible for all injuries. California law strictly controls when and how the government can be sued. You can only hold a public entity liable in ways specifically allowed by statute.

How to File a Claim Against a California Government Entity

The Government Claim Requirement

Most important deadline: Before filing a lawsuit, you must file a written government claim within a very short timeframe from your injury date (typically 6 months for personal injury).

Missing this deadline can permanently bar your case, even if you have a valid injury claim. This is the most common reason government injury claims fail.

What Your Claim Must Include

Your written claim should contain:

• Your name and address
• Date and location of the incident
• Detailed description of what happened
• Description of your injuries or damages
• Names of public employees involved (if known)
• Amount of damages claimed (if known)

Where to File

Submit your claim to the clerk, secretary, or auditor of the public entity, or through the entity’s designated claims process. Many cities and counties provide claim forms on their websites.

What Happens After You File

The entity may:

• Approve your claim (rare)
• Partially approve your claim
• Reject your claim
• Not respond (after a set period, this counts as a rejection)

Once rejected, you have a limited time (typically 6 months) to file a lawsuit in court.

Need help filing your government claim? We handle everything for you – Click here for help

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CRITICAL DEADLINE WARNING!

You may have as little as 6 months to file your government claim. Missing this deadline can permanently bar your case. Our attorneys can file your claim immediately.

DON’T MISS YOUR DEADLINE – CALL NOW

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Common Types of Government Liability Claims

1. Dangerous Condition of Public Property

This is one of the most common claims against public entities. A dangerous condition exists when public property creates a substantial risk of injury when used with reasonable care.

Examples include:

• Broken sidewalks or potholes
• Missing traffic signs or signals
• Defective guardrails
• Hazardous conditions in public parks
• Poor road design

What you must prove:

1. The property was in a dangerous condition
2. The condition caused your injury
3. The risk was reasonably foreseeable
4. The public entity either created the condition OR had notice and time to fix it

Notice can be:

• Actual notice: The entity knew about the hazard
• Constructive notice: The condition existed long enough that the entity should have known

2. Negligence by Public Employees

Public entities may be liable for injuries caused by employee negligence while acting within the scope of employment.

Common scenarios:

• Bus accidents caused by municipal bus drivers
• Injuries from city vehicle crashes
• Negligent supervision at public schools
• Medical malpractice at county hospitals

The employee must have been acting as part of their job duties when the injury occurred.

3. Inadequate Maintenance Claims

Cities and counties have duties to maintain public property in reasonably safe condition. Claims often involve:

• Unmaintained roads and highways
• Broken streetlights
• Overgrown vegetation blocking visibility
• Defective public building conditions

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Government Immunities: When You Can’t Sue

California law provides numerous immunities that protect public entities from liability, even when injuries occur.

Discretionary Act Immunity

Protects policy-level decisions, such as:

• Budget allocation choices
• Whether to implement safety programs
• Planning and policy decisions

Does NOT protect negligent execution of those policies once implemented.

Design Immunity

Shields entities from liability for injuries caused by the plan or design of public improvements (roads, bridges, etc.) if:

• The design was approved by proper authority
• The design was reasonable when approved

Example: If a highway intersection was designed by licensed engineers and approved by the transportation department, you typically cannot sue for dangerous design, but you might sue for poor maintenance.

Natural Condition Immunity

Limits liability for injuries caused by natural conditions of unimproved public property, such as:

• Trails in natural state
• Undeveloped open space areas
• Natural waterways

Recreational Use Protections

Reduces liability when people use certain public property for recreation without paying fees, with exceptions for:

• Willful or malicious conduct
• Gross negligence

Law Enforcement and Emergency Response Immunity

Broad protections apply to:

• Police pursuits
• Arrest decisions
• Emergency responses
• Firefighting operations
• 911 dispatch

Exceptions exist for certain egregious conduct, but these claims face significant hurdles.

Other Common Immunities

• Failure to enforce laws (with exceptions)
• Inspection failures in certain regulatory contexts
• Permit issuance decisions
• Misrepresentation by public employees

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NAVIGATING GOVERNMENT IMMUNITIES IS COMPLEX

Government entities have teams of lawyers defending them from day one. Don’t face them alone. Our experienced attorneys know how to navigate immunities and build winning cases.

Call (916) 777-7777 – We never charge you unless we win.

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Defending Against Government Defenses

Minor Defect Doctrine

Small irregularities or trivial defects typically don’t qualify as dangerous conditions. Courts consider:

• Size and severity of the defect
• Whether it’s the type of imperfection commonly found
• Whether it presents an unreasonable risk

Lack of Notice Defense

The government often argues it didn’t know about the hazard and couldn’t reasonably have known in time to fix it. You can counter by:

• Showing prior complaints or reports
• Demonstrating how long the condition existed
• Proving the condition was obvious during regular inspections

Open and Obvious Hazards

If a danger is clearly visible, the government may argue it had no duty to warn or protect. However, public entities must still anticipate that some people won’t notice obvious hazards.

Comparative Fault

California uses comparative negligence. If you’re found partially at fault (e.g., not watching where you walk), your damages are reduced by your percentage of fault.

Example: If you’re awarded $100,000 but found 25% at fault, you receive $75,000.

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Special Considerations for Specific Injury Types

Slip and Fall Accidents on Public Property

Slip and fall cases against public entities require proving:

• The dangerous condition existed
• The entity had notice or created it
• The defect was substantial enough to be dangerous

Common defenses: minor defect doctrine, lack of notice, comparative fault.

Public Transportation Accidents

Claims against transit authorities for bus accidents or train accidents may involve:

• Driver negligence
• Inadequate maintenance
• Dangerous conditions at stops or stations

School Injury Claims

Public schools have duties to supervise students, but also have immunities for:

• Discretionary decisions about supervision levels
• Certain recreational activities

Common claims involve inadequate supervision, dangerous playground equipment, or bullying injuries.

Police Misconduct Claims

Claims involving excessive force, wrongful arrest, or pursuit injuries face:

• Qualified immunity for officers
• Public entity immunity for discretionary decisions
• Special standards of proof

Road and Highway Defects

Car accident claims involving road hazards must overcome:

• Design immunity for planned features
• Lack of notice defenses
• Arguments about driver responsibility

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Damages in Government Liability Cases

Recoverable Damages

You may recover:

• Medical expenses (past and future)
• Lost wages and earning capacity
• Pain and suffering
• Property damage
• Disability and disfigurement

Limitations on Damages

Punitive damages are generally NOT available against public entities. These are damages meant to punish wrongdoing, and California law prohibits them in most government cases.

Some statutes may cap or limit certain types of damages.

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Step-by-Step: Pursuing a Government Injury Claim

Step 1: Identify the Responsible Entity

Determine which government body is responsible:

• Check property ownership records
• Review incident reports
• Identify which agency maintains the area
• Note that multiple entities may share responsibility

Step 2: Preserve Evidence Immediately

• Photograph the hazard from multiple angles
• Document the scene, weather, lighting
• Gather witness names and contact information
• Keep all medical records and bills
• Obtain incident reports if available
• Note any prior complaints or work orders

Step 3: File Your Government Claim

Critical deadlines:

• Personal injury: typically 6 months from injury date
• Death claims: typically 6 months from date of death
• Property damage: often different deadlines

Where to get forms:

• City or county website
• City clerk’s office
• County counsel’s office

Keep proof of mailing or delivery (certified mail recommended).

Step 4: Monitor the Response

Track important dates:

• Date claim was filed
• Deadline for entity to respond
• Date of rejection (or deemed rejection)
• Lawsuit filing deadline

Step 5: File a Lawsuit if Necessary

If your claim is rejected or not resolved, you must file a lawsuit within the deadline (typically 6 months from rejection).

Your complaint must:

• Name the correct defendants
• Allege compliance with claim requirements
• State facts supporting each element of your claim
• Address potential immunities

Step 6: Prepare for Defenses

Expect the government to raise:

• Claim procedure defects
• Immunities
• Lack of notice
• Comparative fault
• Minor defect doctrine

Work with an experienced attorney who understands government liability law.

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Common Mistakes That Destroy Government Claims

1. Missing the Claim Deadline

This is the #1 reason claims fail. The deadline is short and strictly enforced. Even compelling cases are barred if the claim is late.

Act immediately after your injury.

2. Filing with the Wrong Entity

Government agencies have overlapping jurisdictions. Filing with the wrong entity doesn’t preserve your rights.

File with all potentially responsible entities if you’re uncertain.

3. Insufficient Detail in Your Claim

Vague claims may be rejected. Include:

• Specific dates, times, and locations
• Detailed description of how the injury occurred
• All known facts about the dangerous condition
• Names of witnesses and employees

4. Not Preserving Evidence

Dangerous conditions are often repaired quickly after injury. Without photos or witness statements, you may struggle to prove your case.

Document everything immediately.

5. Assuming All Injuries Are Covered

Government immunities bar many claims that would succeed against private parties. Research whether your claim type is viable.

6. Trying to Handle It Alone

Government liability law is complex and technical. Self-represented claimants often fail on procedural grounds even with good cases.

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DON’T MAKE THESE COSTLY MISTAKES

SCHEDULE YOUR FREE CASE REVIEW

One procedural error can destroy your entire case. Contact us for a free, no-risk evaluation.

Available 24/7

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Frequently Asked Questions

Q: Can I sue the government like a private person or company?
A: No. You must first file a government claim within a short deadline and follow special procedures. The government also has immunities private parties don’t have.

Q: How quickly must I file my claim?
A: Typically within 6 months for personal injury claims. The deadline starts from your injury date. Missing it usually bars your case permanently.

Q: What if I don’t know which agency is responsible?
A: File claims with all potentially responsible entities. Check property records, incident reports, and signage. Better to file too many claims than miss the responsible party.

Q: Can I get punitive damages?
A: Generally no. Punitive damages are typically not available against public entities in California.

Q: What is design immunity?
A: It protects entities from liability for approved road designs and public improvement plans if the design was reasonable when approved.

Q: Do I need to prove the government knew about the hazard?
A: For dangerous condition claims, you must show the entity either created the condition OR had actual or constructive notice with time to fix it.

Q: What if the employee was off-duty?
A: The entity typically isn’t responsible if the employee wasn’t acting within the scope of employment, but the individual might still be personally liable.

Q: What happens if I’m partially at fault?
A: California uses comparative fault. Your damages are reduced by your percentage of fault, but you can still recover if you’re less than 100% at fault.

HAVE MORE QUESTIONS? GET ANSWERS NOW

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Getting Legal Help with Government Claims

Government liability cases are among the most complex in personal injury law. The combination of:

• Strict deadlines
• Mandatory claim procedures
• Multiple immunities
• Technical defenses
• Limited damages

makes professional legal help essential for most claimants.

Free case evaluations are available from experienced personal injury attorneys who can:

• Determine which entities are responsible
• File timely government claims
• Gather and preserve evidence
• Navigate immunity defenses
• Maximize your recovery

Don’t let procedural mistakes destroy your valid claim. The government’s lawyers will defend it from day one. So should you.

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Take Action Now – Protect Your Rights

TIME IS RUNNING OUT ON YOUR CLAIM

Every day you wait is one day closer to missing your deadline. Government injury claims require immediate action.

Why Choose Arnold Law Firm?

Decades of experience with California government claims

We handle all claim filing and procedural requirements

No fees unless we win your case

Free case evaluation – no obligation

Available 24/7

Proven track record against government entities

Get started now: Call (916) 777-7777 or fill out our online form.