Dangerous Public Property Demand Letters

Government Premises Liability: Sidewalks, Roads, Parks, Buildings & Public Facilities

Dangerous Public Property Overview
⚠️ What This Covers: When you're injured due to a dangerous condition on government-owned or maintained property - sidewalks, roads, parks, public buildings, schools, courts, libraries, transit facilities - you may have a claim against the government entity responsible for maintaining that property.
Types of Public Property
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Sidewalks & Walkways

Cracked, raised, or uneven surfaces; missing sections; tree root damage

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Roads & Highways

Potholes, debris, missing signs, defective guardrails, poor drainage

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Parks & Recreation

Playground defects, trail hazards, fallen trees, sports field conditions

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Public Buildings

Wet floors, broken stairs, poor lighting, elevator malfunctions

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Transit Facilities

Bus stops, train platforms, parking structures, transit vehicles

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Schools

Campus grounds, athletic facilities, playground equipment

🚨 File a Government Claim First: You CANNOT sue the government without first filing an administrative claim. In California, you have only 6 months. Miss this deadline and your case is barred forever.
Key Requirements for Government Property Claims
  1. Dangerous condition existed: Property had a defect creating unreasonable risk
  2. Government ownership/control: Public entity owned or maintained the property
  3. Notice (actual or constructive): Government knew or should have known of hazard
  4. Causation: Dangerous condition caused your injury
  5. Damages: You suffered compensable injuries
Common Dangerous Conditions
Sidewalk & Walkway Hazards
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
Road & Highway Hazards
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
Park & Recreation Hazards
  • Playground equipment: Broken swings, sharp edges, missing safety surfaces
  • Trail conditions: Washed out sections, unmarked dropoffs, fallen trees
  • Sports fields: Holes, sprinkler heads, debris, goal post defects
  • Pool/splash pads: Slippery surfaces, drain hazards, chemical issues
  • Trees: Dead/dying trees with falling branches, root trip hazards
  • Lighting: Inadequate lighting creating crime or trip hazards
⚠️ Document the Hazard: If possible, photograph the dangerous condition immediately. Governments often repair hazards quickly after accidents, making evidence critical.
Legal Standards
California Government Liability (Gov. Code § 835)

A public entity is liable for injury caused by a dangerous condition of its property if:

  1. Property was in dangerous condition at time of injury
  2. Injury was proximately caused by the dangerous condition
  3. Dangerous condition created reasonably foreseeable risk of the kind of injury incurred
  4. Either: (a) negligent act of employee created condition, OR (b) entity had notice and time to protect against it
"Dangerous Condition" Defined

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:

  • Size of defect (but no minimum threshold)
  • Nature of defect (jagged vs. smooth edges)
  • Weather/lighting conditions
  • Whether defect was visible
  • Pedestrian traffic in area
Notice Requirements

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
Immunities & Exceptions

Governments have immunities that may apply:

  • Design immunity: If condition resulted from approved design, may be immune (but not if condition changed)
  • Natural conditions: Generally no liability for natural hazards (but maintenance duties may apply)
  • Third-party acts: May not be liable for hazards created solely by third parties (exceptions apply)
  • Weather: Temporary weather conditions (but failure to respond may create liability)
Gathering Evidence
Immediate Steps After Injury
  1. Get medical attention: Your health comes first; medical records document injuries
  2. Photograph everything: The hazard, surrounding area, your injuries, your clothing/shoes
  3. Get witness info: Names, phones, addresses of anyone who saw what happened
  4. Report the incident: To police, park ranger, building management - get a report number
  5. Preserve your shoes/clothing: Don't throw away what you were wearing
  6. Don't post on social media: Defense will use your posts against you
Evidence Checklist
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
Public Records Requests

You can request government records under state public records acts:

  • California: California Public Records Act (Gov. Code § 6250 et seq.)
  • Federal: FOIA for federal property
  • Request: Inspection reports, maintenance logs, prior incident reports, 311 complaints for the location
⚠️ Governments May Repair Quickly: After an injury report, governments often repair hazards immediately. Return to photograph the location as soon as possible - before repairs destroy evidence.
Sample Government Tort Claim
GOVERNMENT TORT CLAIM DANGEROUS CONDITION OF PUBLIC PROPERTY TO: Office of the City Clerk City of [CITY NAME] [ADDRESS] CLAIMANT INFORMATION: Name: [YOUR FULL LEGAL NAME] Address: [YOUR STREET ADDRESS] [CITY, STATE ZIP] Phone: [YOUR PHONE NUMBER] Email: [YOUR EMAIL] DATE AND LOCATION OF INCIDENT: Date: [DATE OF INJURY] Time: Approximately [TIME] Location: [PRECISE LOCATION - e.g., "Sidewalk on the east side of Main Street, approximately 50 feet south of the intersection with Oak Avenue, in front of 123 Main St."] DESCRIPTION OF DANGEROUS CONDITION: The sidewalk at this location contained a raised concrete section where tree roots from the adjacent city-owned tree had displaced the pavement. The height differential between the two sidewalk sections was approximately [X] inches. There were no warning signs, cones, paint markings, or other indicators alerting pedestrians to this hazard. The raised section was located in a high-traffic pedestrian area near [describe nearby businesses, transit stops, etc.]. DESCRIPTION OF INCIDENT: On [DATE], at approximately [TIME], I was walking [direction] on the sidewalk when my [foot] caught on the raised concrete section. I was unable to recover my balance and fell [forward/to the side], striking the pavement with my [hands/knees/head/etc.]. I was using the sidewalk in a normal manner, walking at a normal pace, and was paying reasonable attention to my surroundings. The hazard was not visible due to [shadows/lighting/color of concrete matching surroundings/etc.]. INJURIES SUSTAINED: As a result of this fall, I sustained the following injuries: - [Injury #1, e.g., "Fractured left wrist (distal radius fracture) requiring open reduction internal fixation surgery"] - [Injury #2, e.g., "Torn rotator cuff in right shoulder"] - [Injury #3, e.g., "Multiple contusions and abrasions to knees and hands"] - [Injury #4, e.g., "Ongoing pain and limited range of motion"] MEDICAL TREATMENT: I received the following medical treatment: - Emergency room visit at [Hospital Name] on [Date] - Orthopedic surgery by Dr. [Name] on [Date] - Physical therapy at [Provider] from [Date] to [present/Date] - [Additional treatment] I continue to receive treatment and my prognosis is [describe]. DAMAGES CLAIMED: Medical expenses incurred to date: $[AMOUNT] Estimated future medical expenses: $[AMOUNT] Lost wages (past): $[AMOUNT] Lost earning capacity (future): $[AMOUNT] Pain and suffering: $[AMOUNT] Other damages [specify]: $[AMOUNT] TOTAL DAMAGES: $[TOTAL] [If over jurisdictional limit:] Claimant reserves the right to amend this claim to seek damages in excess of $[amount] as discovery and treatment continue. NOTICE TO PUBLIC ENTITY: Upon information and belief, the City of [CITY NAME] had actual and/or constructive notice of this dangerous condition: - The condition existed for a substantial period of time - The location is subject to regular inspection - Prior complaints may have been filed with the City - The condition was open and obvious to inspection WITNESSES: [If known:] Name: [WITNESS NAME] Phone: [WITNESS PHONE] Address: [WITNESS ADDRESS] [If none known:] "No witnesses identified at this time. Investigation continuing." PUBLIC EMPLOYEES INVOLVED: [If known - or:] "Unknown at this time. Claimant requests disclosure of any city employees responsible for sidewalk maintenance and inspection in this area." VERIFICATION: I declare under penalty of perjury under the laws of the State of [STATE] that the foregoing is true and correct. Executed on [DATE] at [CITY], [STATE]. _________________________________ [YOUR SIGNATURE] [YOUR PRINTED NAME] Claimant
📬 Filing Instructions:
  • Make 3 copies before filing
  • File original with City/County Clerk
  • Send by certified mail, return receipt requested
  • Keep proof of mailing and receipt
  • Note the date filed - your lawsuit deadline runs from rejection
Attorney Services
Injured on Government Property?

Don't let strict deadlines and technical requirements derail your claim. Get professional help to properly document and file your government tort claim.

Request Consultation
How We Can Help
  • Deadline calculation: Determine your exact filing deadline
  • Investigation: Document the hazard before it's repaired
  • Records requests: Obtain maintenance records, prior complaints
  • Claim preparation: Draft comprehensive government tort claim
  • Filing: Ensure proper service on correct entity
  • Litigation: File lawsuit after claim rejection
⏰ Don't Wait: California has only 6 months to file. Many other states have 90-day or 180-day deadlines. Contact an attorney within days of your injury to preserve your rights.

Dangerous Public Property Claims — Government Premises Liability

When 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.

Common Dangerous Public Property Scenarios

Elements of a Dangerous Condition Claim

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.

What You Can Recover From Government Property Claims

Filing Your Dangerous Property Government Claim

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.