Trip and fall on a sidewalk or public property

What counts as a "dangerous condition"

Claims against public entities follow the Government Code, not the ordinary premises rules. A "dangerous condition" is one that creates a substantial (as distinguished from a minor, trivial or insignificant) risk of injury when the property is used with due care in a reasonably foreseeable way (Gov. Code § 830). A court can decide, as a matter of law, that a defect was too minor to qualify (Gov. Code § 830.2). That is why the size of a sidewalk lift, the lighting, whether the defect was hidden and the surrounding circumstances all matter (CACI No. 1102).

What the injured person has to show

Under Government Code § 835, the property must have been in a dangerous condition at the time of the injury, the condition must have caused the injury and created a reasonably foreseeable risk of that kind of injury, and either:

• a public employee's negligent or wrongful act created the condition, or
• the entity had actual or constructive notice of it in time to protect against it.

Constructive notice means the condition existed long enough and was obvious enough that the entity, using due care, should have discovered it; evidence about whether it had a reasonably adequate inspection system is admissible on that point (Gov. Code § 835.2). Past complaints, repair requests and inspection records can therefore be important (CACI No. 1100).

The property owner next to the sidewalk

California's Streets and Highways Code requires owners of lots fronting an improved public street to maintain the sidewalk so it will not endanger persons or property (Streets & Highways Code § 5610), and the superintendent of streets must notify the owner to repair a sidewalk that is out of repair (§ 5611). Whether that repair duty makes the owner liable to a person who trips is a separate question: the jury instruction on abutting property says an owner must avoid creating an unsafe condition on the surrounding streets or sidewalks, and its commentary notes that an ordinance creates a duty to third persons only if it clearly and unambiguously says so (CACI No. 1007). A driveway, planter or other change the owner made can be a different matter from ordinary wear. Often the city and the adjacent owner both need to be looked at.

The six-month claim comes first

Before you can sue a city, the County or another public entity for an injury, you usually must present a written claim within six months (Gov. Code § 911.2). The claim must describe the date, place and circumstances (Gov. Code § 910). If the entity rejects it in writing, the lawsuit is generally due within six months after that notice (Gov. Code § 945.6). Our claims guide has verified filing details:

• Government claims guide
• City of Riverside claims
• County of Riverside claims
• State of California claims

Evidence to gather

1. Photograph the defect from several angles with a ruler, coin or shoe next to it to show the height difference.
2. Note the exact location: street address, nearest cross street, and which side of the street.
3. Record the lighting and time of day, and whether anything hid the defect (shadows, leaves, parked cars).
4. Collect witness names and get medical care promptly.
5. Write down the date: the six-month clock runs from the injury.