Government Premises Liability: Sidewalks, Roads, Parks, Buildings & Public Facilities
Cracked, raised, or uneven surfaces; missing sections; tree root damage
Potholes, debris, missing signs, defective guardrails, poor drainage
Playground defects, trail hazards, fallen trees, sports field conditions
Wet floors, broken stairs, poor lighting, elevator malfunctions
Bus stops, train platforms, parking structures, transit vehicles
Campus grounds, athletic facilities, playground equipment
| Hazard Type | Description | Typical Cause |
|---|---|---|
| Raised/Uneven Sections | Height differential between adjacent slabs (often 1/2" or more) | Tree roots, soil settlement, poor installation |
| Cracked Concrete | Broken or crumbling surface creating trip hazard | Age, weather, tree roots, heavy loads |
| Missing Sections | Holes or gaps in walking surface | Removed for utility work, failed repairs |
| Standing Water/Ice | Accumulated water or ice on walking surface | Poor drainage, sprinkler overflow |
| Debris/Obstructions | Objects blocking path (construction materials, fallen branches) | Negligent maintenance, storm damage |
| Hazard Type | Description | Responsible Party |
|---|---|---|
| Potholes | Holes in road surface causing vehicle damage or accidents | City (local roads), County, State DOT (highways) |
| Missing/Obscured Signs | Stop signs, yield signs, speed limits not visible | City/County traffic department |
| Defective Guardrails | Missing, damaged, or improperly installed barriers | State DOT (highways), City/County (local) |
| Poor Lighting | Inadequate illumination at intersections, curves | City/County, State DOT |
| Dangerous Intersections | Design defects, sight line obstructions | Varies by jurisdiction |
| Road Debris | Objects in roadway (construction materials, fallen cargo) | Entity with maintenance responsibility |
A public entity is liable for injury caused by a dangerous condition of its property if:
A condition that creates a substantial (not minor or trivial) risk of injury when property is used with due care in a manner reasonably foreseeable.
The "Trivial Defect" Defense: Governments often argue small defects (under 1") are "trivial" and not dangerous as a matter of law. Courts consider:
You must prove the government had notice of the dangerous condition:
| Type of Notice | Description | How to Prove |
|---|---|---|
| Actual Notice | Government actually knew about hazard | Prior complaints, inspection reports, work orders, 311 reports |
| Constructive Notice | Condition existed long enough that government should have known | Expert testimony on how long defect existed; evidence of routine inspections |
| Created Condition | Government employee created the hazard | Evidence of work done, employee records |
Governments have immunities that may apply:
| Evidence Type | What to Get | Why It Matters |
|---|---|---|
| Photos/Video | Multiple angles, with ruler/object for scale, timestamp enabled | Documents condition before repair; proves severity |
| Incident Report | Police report, park incident report, building security report | Official documentation; may contain admissions |
| Witness Statements | Written or recorded statements from witnesses | Independent verification; may know of prior incidents |
| Prior Complaints | 311 records, emails to city, citizen complaints | Proves notice; shows pattern |
| Maintenance Records | Inspection logs, work orders, repair history (via records request) | Shows what government knew; establishes timeline |
| Medical Records | ER records, doctor notes, imaging, bills | Documents injuries and causation |
You can request government records under state public records acts:
Don't let strict deadlines and technical requirements derail your claim. Get professional help to properly document and file your government tort claim.
Request ConsultationWhen you're injured due to a dangerous condition on government property—broken sidewalks, road defects, poorly maintained buildings, hazardous park conditions, or inadequate lighting—you may have a claim against the responsible public entity. Unlike private premises liability, claims against government entities require filing an administrative claim before suing and proving specific elements under the Government Code. In California, Government Code §§ 835-835.4 govern "dangerous condition of public property" claims. The government can be liable when it creates a dangerous condition, has actual or constructive notice of it, and fails to take reasonable action to protect against it.
To hold a public entity liable for a dangerous condition, you must prove: (1) the property was in a dangerous condition at the time of injury; (2) the dangerous condition proximately caused your injury; (3) the dangerous condition created a reasonably foreseeable risk of the kind of injury you suffered; and (4) either a public employee created the dangerous condition, or the entity had actual or constructive notice of the condition and sufficient time to protect against it. "Constructive notice" means the condition existed long enough that the entity should have discovered and fixed it through reasonable inspection. The government may assert design immunity or other statutory defenses.
You must file an administrative claim with the responsible public entity within 6 months of your injury. Identify the correct entity—the city owns city sidewalks and parks, the county owns county roads and facilities, the state owns state highways and buildings. Your claim should describe the dangerous condition in detail, including its location, when it existed, how it caused your injury, and any prior notice the entity had (e.g., prior complaints or obvious deterioration). Include photographs of the hazard if possible. After filing, the entity has 45 days to respond. If rejected, you have 6 months to file a lawsuit. Missing these deadlines bars your claim entirely.