California’s sidewalks stretch for thousands of miles, connecting residents to schools, businesses, and transit hubs across the state. Los Angeles alone is said to have more than 11,000 miles of sidewalks to oversee, making upkeep a constant challenge.
With that much pavement, cracks, uneven slabs, and broken sections are bound to appear, and when they do, pedestrians face a real risk of injury.
If you’ve been hurt in a sidewalk fall, the biggest challenge is often figuring out who is legally responsible for the unsafe condition. In California, liability can shift depending on whether the walkway belongs to a city, county, or private property owner. Knowing how responsibility is divided is the first step toward protecting your right to compensation.
Sidewalk ownership in California follows a complex web of local rules and state laws.
While many assume cities handle all public walkways, the reality is far more nuanced. Local ordinances frequently place maintenance duties on adjacent property owners, even though the sidewalk sits on public land.
California’s Tort Claims Act sets the framework for lawsuits against government entities, while standard premises liability laws apply to private property owners. This dual system means the same type of injury can follow completely different legal paths depending on who owns or maintains the damaged section.
Cities and counties typically maintain sidewalks in high-traffic areas like downtown districts, around government buildings, and near public facilities. California Government Code § 835 allows injured parties to hold these entities liable for dangerous conditions on public property.
A government entity can be held responsible when:
The sidewalk created a dangerous condition that posed a substantial risk of injury. The government had actual notice of the problem or should have discovered it through reasonable inspection. Despite having notice, the entity failed to repair the hazard within a reasonable time frame.
However, suing a government entity comes with significant hurdles. Public entities enjoy certain immunities, face strict procedural requirements, and operate under much shorter deadlines than private defendants.
Before filing a lawsuit against any California government entity, you must first submit an administrative claim. This claim must be filed within six months of your injury date, a deadline that is rarely extended.
Your administrative claim should include the date, time, and exact location of your fall, a detailed description of your injuries, the medical treatment you received, and the total amount of compensation you’re seeking.
If the government denies your claim or fails to respond within 45 days, you can then proceed to file a civil lawsuit. Missing the six-month deadline typically bars your claim entirely, regardless of how severe your injuries may be.
California Civil Code § 1714 establishes that property owners owe a general duty of care to people who use their property. Many California cities have passed ordinances that specifically assign sidewalk repair responsibilities to adjacent property owners.
For example, Los Angeles Municipal Code § 62.104 requires property owners to maintain the sidewalk directly in front of their property. San Francisco, San Diego, and numerous other cities have similar requirements.
Under premises liability law, property owners can be sued if their failure to maintain the sidewalk contributed to your injury. Success in these cases typically requires proving the defect was dangerous and that the owner knew or should have known about the problem.
Property owners facing sidewalk injury claims often argue that the hazard was “open and obvious,” meaning a reasonable person should have seen and avoided it. They may claim the injured pedestrian was distracted, intoxicated, or otherwise negligent.
Another frequent defense is that the sidewalk damage occurred suddenly and could not have been anticipated. Tree root growth, underground utility work, or natural settling may be presented as unforeseeable causes.
Some California municipalities enforce “shared liability” arrangements where both the city and property owner have overlapping duties. These situations often arise when tree roots from city-owned trees damage sidewalks that property owners are required to maintain.
In other cases, cities may be responsible for initial construction or major repairs, while property owners handle routine upkeep and minor fixes. Determining fault in shared responsibility cases requires careful investigation of local ordinances, maintenance records, and the specific cause of the sidewalk damage.
The identity of your defendant dramatically affects your case timeline, potential compensation, and legal strategy. Government defendants operate under the Tort Claims Act, which imposes a six-month filing deadline, caps certain types of damages, and requires strict adherence to procedural rules.
Private property owners face a two-year statute of limitations under California Code of Civil Procedure § 335.1, and injured parties can typically seek a broader range of damages including pain and suffering, lost wages, and future medical costs.
Strong evidence forms the foundation of any successful sidewalk injury claim. Take photographs of the defect from multiple angles, measure the height difference between uneven slabs, and document the surrounding area for context.
Witness statements can be invaluable, particularly if someone saw your fall or can testify about how long the dangerous condition existed. Medical records linking your injuries directly to the fall help establish the extent of your damages.
Obtaining city records of prior complaints, repair orders, or inspection reports can prove notice, showing the responsible party knew about the hazard but failed to fix it. California courts distinguish between “trivial defects” that don’t create liability and dangerous conditions that do, so documenting the severity of the sidewalk damage is critical.
Time limits for sidewalk injury claims depend entirely on who you’re suing. Claims against government entities must begin with an administrative claim filed within six months under Government Code § 911.2. This deadline applies to cities, counties, school districts, and other public agencies.
Claims against private property owners follow the standard personal injury statute of limitations of two years under California Code of Civil Procedure § 335.1. However, if your case involves both government and private defendants, you may need to file the government claim first to preserve all your rights.
Missing these deadlines almost always results in a complete loss of your right to compensation, regardless of how clear the liability may be or how severe your injuries.
The answer depends on where the defect was located, who had maintenance responsibility, and your ability to prove both notice and fault. Many sidewalk injury claims fail because victims cannot demonstrate that the responsible party knew or should have known about the dangerous condition.
Careful case evaluation is often the only way to determine the correct defendant and the strongest legal theory for recovery.
Time works against sidewalk injury victims in multiple ways. Evidence can disappear quickly as defects get repaired, witnesses move away, and memories fade. The strict deadlines for government claims mean that waiting too long can eliminate your legal options entirely.
A California personal injury lawyer can investigate liability, navigate local ordinances, file the appropriate claims within required deadlines, and counter the defenses typically raised in sidewalk injury cases. Professional legal support significantly increases the chances of obtaining fair compensation for your injuries.
If you’ve been injured on a broken sidewalk in California, don’t let confusion about liability prevent you from seeking the compensation you deserve. Our experienced personal injury team can evaluate your case, determine the responsible parties, and guide you through the complex process of filing claims against government entities or private property owners.
We offer free consultations and can help you meet critical deadlines while building the strongest possible case for recovery. Contact Thompson Law today for a FREE CASE REVIEW to discuss your sidewalk injury claim and learn how we can help protect your rights. We cover all areas of California, Arizona, Georgia, and Texas.
Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $1.9 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.
State law limits the time you have to file a claim after an injury accident, so call today.
