The California government claim deadline gives you only six months from the date of your injury to notify a city, county, or other public agency in writing before you can bring a lawsuit. That window is far shorter than the two years that normally apply to injury cases against a private person or business, and missing it can end an otherwise strong case before it starts.
A cracked curb, a raised slab, or a poorly maintained walkway can cause serious injuries, and many people assume they have plenty of time to decide what to do next. In reality, sidewalk and walkway falls on government-owned property are governed by the California Government Claims Act, which requires a formal claim to be presented to the responsible agency first. Only after the agency rejects the claim, or fails to act on it, can a lawsuit be filed.
The rules for public entities also differ from an ordinary premises liability claim against a private owner, including who must be notified, what the notice must say, and how long the agency has to respond. This guide walks through each step so you understand where your own time limit stands.
Why Does California Give Injured People Only Six Months to File a Claim Against a City?
Under Government Code section 911.2, a claim for personal injury must be presented to the public entity no later than six months after the injury occurs. The short notice-of-claim period exists so that agencies can investigate quickly, repair the hazard, and resolve valid claims before evidence disappears. California courts generally enforce the requirement strictly, regardless of how dangerous the condition was.
- Who it applies to: cities, counties, school districts, transit agencies, special districts, and state agencies.
- When the clock starts: usually on the date of the injury, not the date you learn how serious it is or the date you hire an attorney.
- What it controls: your right to file suit at all. A late filing can bar the case even when fault is obvious.
What Counts as Public Property Under the Government Claims Act?
Public property includes streets, sidewalks, crosswalks, curbs, bike paths, parks, parking lots, bus stops, and government buildings. What matters is who owns or controls the location, because a dangerous condition of public property is what makes a public agency potentially responsible in the first place.
Hazards such as cracked or raised pavement, missing sections of walkway, and deep potholes are common examples. In some cities, the municipal code also assigns sidewalk upkeep to the adjacent property owner, so more than one party may share responsibility. That is why identifying the right defendant early matters: a claim against the agency has a six-month deadline, while a claim against a private owner generally follows the two-year rule.
What Information Must a Government Claim Include?
Government Code section 910 lists what a valid claim form must contain. Leaving out required details, or sending the paperwork to the wrong office, can give the agency grounds to challenge it.
- Claimant information: your name, mailing address, and the address where the agency should send notices.
- Date, place, and circumstances: exactly where and when the fall or accident happened and how it occurred.
- Injuries and losses: a general description of your injuries and damages known when the claim is filed.
- Public employees involved: the names of any employees connected to the condition, if known.
- Amount claimed: the dollar amount if it is under $10,000; above that, a statement of whether the case would be a limited civil case.
The claim is typically delivered or mailed to the city clerk or the clerk of the governing board. Many agencies post their own forms, but a form should be completed carefully because it becomes part of the record in any later case.
What Happens After You File a Government Claim?
The agency generally has 45 days to act on the claim. What happens next determines your next deadline.
1. The Agency Sends a Written Rejection
When the agency mails a formal notice of rejection, a lawsuit must generally be filed within six months of the date that notice was mailed. This second six-month window is separate from the first and is just as strict.
2. The Agency Does Not Respond
If 45 days pass with no response, the claim is treated as rejected by operation of law. In that situation, the deadline to file suit is generally two years from the date of the injury.
3. The Agency Offers a Settlement
Agencies sometimes make early offers that do not account for future medical care or lost income. Understanding when to file a lawsuit instead of continuing negotiations is important, and so is knowing whether a lawsuit is necessary in your particular case.
What If You Already Missed the Six-Month Deadline?
A missed deadline is not always the end of the claim. Government Code section 911.4 allows an application for leave to present a late claim, which must be made within a reasonable time and no later than one year after the injury. The application must explain why the claim was not filed on time.
The agency decides the application within 45 days. If it is denied, a petition asking a court for relief must generally be filed within six months of the denial. Reasons such as mistake, inadvertence, surprise, excusable neglect, minority, or physical or mental incapacity may qualify, but relief is not guaranteed. The safest approach is never to rely on the extension.
How Do Cities Defend Sidewalk and Public Property Claims?
Even a timely claim faces resistance. Agencies commonly rely on the defenses property owners and agencies raise, including the argument that a defect was trivial, that the agency had no actual or constructive notice of the problem, or that you share fault for the fall.
To succeed, the injured person generally must show that the property was in a dangerous condition, that the condition created a foreseeable risk of the type of injury suffered, and that the agency knew or should have known about it in time to fix or warn. Photographs, prior complaints, service requests, and maintenance records often decide these cases.
What Should You Do Right Now If You Were Hurt on a City Sidewalk?
- Get medical care: treatment protects your health and documents your injuries.
- Photograph the hazard: capture the exact location and the size of the defect before it is repaired.
- Record the details: write down the date, time, address, and what happened while it is fresh.
- Keep your shoes and clothing: do not wash or discard what you wore.
- Collect witness information: names and phone numbers of anyone who saw the fall.
- Calendar your deadline: count six months from the injury date and mark it.
- Be careful with statements: avoid detailed recorded statements to an agency or its claims administrator before getting advice.
Speaking with an experienced Orange County personal injury lawyer early gives time to identify the responsible agency, gather records, and prepare the claim properly.
How We Handle Government Claims for Injured Clients
We determine which public entity controls the location, prepare and file the claim with the correct office, and track the 45-day response period. We also work to preserve evidence, request maintenance and complaint records, and move to court promptly if the claim is rejected.
Disclaimer: Every legal case involves unique facts. Prior results, settlements, or court verdicts do not guarantee, warrant, or predict the outcome of your specific legal matter.
Speak With an Orange County Personal Injury Attorney
Were you hurt on a city sidewalk and unsure whether your six-month window is still open? We understand how California public entity claims work and can explain your options before time runs out. Call (949) 313-7656 or request a free consultation to discuss your legal options with an attorney.
