Getting injured in a public space can feel overwhelming—especially when the property is owned or maintained by a city or government agency. Whether it’s a cracked sidewalk, a poorly lit park, or an unsafe government building, these hazards can cause serious injuries. But can you actually sue the city?
The answer is yes—but with limitations. Filing an injury claim against a city is more complex than a typical personal injury case. From sovereign immunity to strict deadlines, understanding your rights and responsibilities is essential to getting justice.
This guide outlines the key steps, timelines, and evidence needed to hold a government entity accountable after a public injury.
Common Places Where Public Injuries Occur
Injuries on public property can happen almost anywhere. Some of the most common sites include:
- Damaged or uneven sidewalks
- Public parks or playgrounds with poor maintenance
- Government buildings with wet floors, broken stairs, or faulty elevators
- Bus stops or train stations
- Roadway construction areas with inadequate signage
- Public schools or municipal facilities
In all these spaces, the city (or state/federal government) is responsible for providing a reasonably safe environment for the public.
Can You Sue the City?
The Role of Sovereign Immunity
Government entities are generally protected by a legal doctrine called sovereign immunity, which limits when and how they can be sued. However, many states—including California—allow injury claims under exceptions spelled out in their Tort Claims Act.
For example, in California, you can file a claim for:
- Dangerous conditions on public property
- Negligence by a government employee
- Unsafe maintenance of public infrastructure
But strict rules apply—particularly around notice and timing.
Step-by-Step: How to File an Injury Claim Against the City
1. Seek Medical Attention Immediately
Your health is the top priority. Medical records also provide essential evidence for your claim.
2. Document the Scene
Take photos or video of the hazard, your injuries, and the surrounding conditions. Get names and contact info for any witnesses.
3. Identify the Government Entity
Was the area maintained by the city, county, or state? Determining who’s responsible is key—each has its own claims process.
4. File a Government Claim Notice
In most states, you must file an official Notice of Claim before you can sue.
- Deadline in California: 6 months from the date of injury
- This notice must include a detailed description of the incident, location, damages, and the amount of compensation you seek
Failure to submit the notice in time can permanently bar your case—even if the city was clearly at fault.
5. Wait for a Response
The government has a limited time (usually 45 days) to accept, reject, or ignore your claim. If denied, you can then proceed with a lawsuit.
What Kind of Evidence Do You Need?
To succeed in an injury claim against a city, you’ll need to prove:
- A dangerous condition existed on public property
- The government knew or should have known about the hazard
- The city failed to fix or warn about it in a reasonable time
- You suffered injury as a direct result
Public records, maintenance logs, and prior complaints can support your case—your attorney can help obtain these.
Types of Compensation You May Recover
If your claim is successful, you may be entitled to:
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Disability or disfigurement
- Out-of-pocket costs related to the injury
Government liability caps may apply depending on your state.
Why You Need an Attorney
Filing an injury claim against the city is not like suing a private business. Missing a filing deadline, using the wrong claim form, or failing to notify the correct department can jeopardize your entire case.
An experienced personal injury attorney can:
- Navigate your state’s Tort Claims Act
- Meet strict filing deadlines
- Investigate your case thoroughly
- Negotiate with the government on your behalf
- File a lawsuit if necessary
At Hackett Firm, we’ve helped injured victims take on powerful institutions—and win.
Don’t Wait—Deadlines Matter
Time is one of the biggest threats to your case. If you’ve been hurt in a public place, don’t delay:
- Seek medical care
- Document the hazard
- File your notice of claim
- Speak with an attorney
Ready to take action?
Contact Hackett Firm today to schedule your free consultation. We’ll help you understand your rights and hold the government accountable—because safety shouldn’t stop at city limits.
