The Most Common Injury Claims Against Cities—and How to Protect Your Rights

We rely on our cities to provide safe roads, maintain public spaces, and operate essential services. But when a city’s negligence leads to injury, the path to justice is far more complicated than a typical personal injury case. Strict rules and short deadlines can prevent victims from ever recovering compensation if they don’t act quickly and correctly.

At Walch Law, we have spent more than 45 years holding cities like Los Angeles accountable for the harm they cause. We understand the unique challenges of suing a government entity and have the experience to navigate the system successfully. 1-844-999-5342

Top 5 Injury Claims Filed Against Cities in California

While any number of scenarios can lead to a claim, most fall into a few key categories. Understanding these can help you identify whether you have a valid case.

1. Dangerous Condition of Public Property

This is the most frequent type of claim. It arises when a city creates or fails to fix a hazardous condition on property it owns or controls, leading to an injury. Common examples include:

• Broken Sidewalks and Curbs: Uneven pavement, deep cracks, and raised slabs that create trip-and-fall hazards.
• Potholes and Dangerous Roads: Large potholes, unmarked road damage, or poorly designed intersections that cause car and motorcycle accidents.
• Fallen City Trees or Limbs: Injuries or property damage caused by a city-owned tree that was dead, diseased, or poorly maintained.
• Unsafe Parks and Playgrounds: Defective playground equipment, inadequate lighting in public spaces, or dangerous conditions at parks and recreational facilities.
• Defective Crosswalks and Signals: Malfunctioning traffic signals, faded crosswalk markings, or poor intersection visibility that lead to pedestrian accidents.

To win these cases, we must often prove the city had “notice” of the dangerous condition—either because its own employees created it, or because it was aware of the hazard for a long enough time to have fixed it.

2. City Vehicle Collisions

City employees operate thousands of vehicles, and their negligence can cause serious accidents. These claims involve collisions with:

• Police cruisers (LAPD)
• Fire trucks (LAFD)
• Sanitation and garbage trucks
• Department of Water and Power (DWP) service vehicles
• Street maintenance and construction vehicles

Unlike collisions with private citizens, these accidents involve a government employee acting within the scope of their job, triggering the special rules of the Government Claims Act.

3. Public Transit Injuries

Accidents involving public transportation are a common source of claims against cities and regional authorities like LA Metro. These can happen to:

• Passengers on the bus or train injured by sudden stops, crashes, or door malfunctions.
• Pedestrians at a bus stop or rail platform who slip and fall due to unsafe conditions.
• Drivers, cyclists, or pedestrians struck by a public bus.

Because buses and trains are “common carriers,” they are held to a heightened duty of care, meaning they have one of the highest legal obligations to keep their passengers safe.

4. Police Misconduct and High-Speed Pursuits

Claims can arise from the actions of law enforcement officers. While these are complex cases, they often involve:

• Excessive Force: Injuries caused by police using more force than is reasonably necessary to make an arrest or control a situation.
• High-Speed Pursuit Collisions: Innocent bystanders who are injured when a police chase results in a crash. The city can be held liable if the pursuit was conducted with a reckless disregard for public safety.

5. Sewer Backups and Flooding

While not always a personal injury, these claims involve significant property damage. If a city’s failure to properly maintain its sewer or storm drain system leads to a backup that floods your home or business, the city may be liable for the cleanup costs and property loss.

The Most Important Rule: The 6-Month Government Claim Deadline

Before you can file a lawsuit against any public entity in California—including the City of Los Angeles—you must first file a formal “Government Claim.” This is a mandatory prerequisite governed by the California Government Claims Act.

• The Deadline: For claims involving personal injury, wrongful death, or property damage, you have only six months from the date of the incident to file this claim.
• The Process: The claim must contain specific information, including your name and address, the date and location of the incident, a description of what happened, the nature of your injuries or damages, and the names of any city employees involved.
• The Response: Once filed, the city has 45 days to respond. If they deny your claim in writing, you then have six months from the date of denial to file a lawsuit. If they don’t respond at all, your claim is “deemed rejected” on the 45th day, and the six-month window to sue starts from there.

This 6-month deadline is one of the strictest in all of California law. Missing it will permanently bar your right to seek compensation.

A Step-by-Step Guide to Protecting Your Rights

1. Seek Immediate Medical Care: Your health is the top priority. A medical evaluation documents your injuries and links them to the incident.
2. Report the Incident: Call 911 or the appropriate city department (e.g., 311 for a broken sidewalk) to create an official record. Always get an incident or report number.
3. Document Everything: Take photos and videos of the scene, the dangerous condition, your injuries, and any damaged property (like shoes or a bicycle).
4. Identify the Correct Public Entity: Was the road maintained by the City of LA, the County, or Caltrans? Was the bus an LA Metro bus or from another transit agency? Identifying the correct defendant is critical.
5. Preserve Evidence: Save everything related to the incident. Your attorney will send formal “preservation letters” to demand the city save crucial evidence like video footage or maintenance logs before it is destroyed.
6. Do Not Give a Recorded Statement: City investigators or insurance adjusters will try to get you to give a statement. Politely decline. They are trained to use your words against you.
7. Call an Experienced Attorney: The government claims process is a minefield. An attorney can ensure all rules are followed, all deadlines are met, and your claim is protected from the start.

Frequently Asked Questions (FAQ)

1. Who do I file my claim with in Los Angeles?
Claims against the City of Los Angeles are filed with the Los Angeles City Clerk. However, it’s crucial to confirm you are suing the correct entity, as it could be the County of Los Angeles, LA Metro, LAUSD, or another agency, each with its own filing process.

2. What happens if I missed the 6-month deadline?
In very rare cases, you can apply for permission to file a late claim (up to one year after the incident) if you have a valid excuse, such as being physically incapacitated. These applications are rarely granted and should never be relied upon.

3. Can I sue if I trip and fall on a broken public sidewalk?
Yes. If the city knew or should have known about the dangerous condition and failed to repair it, you can file a claim. Evidence of prior complaints (such as 311 reports) can be very powerful in these cases.

4. What if an LAPD high-speed chase caused my accident?
You may have a claim against the City. We would investigate whether the police acted with a reckless disregard for public safety during the pursuit, weighing the need to apprehend the suspect against the danger posed to the public.

5. I’m undocumented. Can I still file a claim?
Yes. Your immigration status does not affect your legal right to file an injury claim and seek compensation in California.

6. Do I need to use a specific form to file my claim?
While cities often provide a form, you are not required to use it. A formal claim letter prepared by an attorney that contains all the legally required information is sufficient and often more thorough.

Injured by a City’s Negligence? Walch Law Can Help.

When you take on a city, you are going up against a powerful opponent with a team of lawyers dedicated to denying your claim. You cannot afford to go it alone. For over 45 years, the family-run team at Walch Law has been successfully suing public entities across California, securing millions of dollars for our clients.

We know the procedures, the deadlines, and the tactics cities use to avoid responsibility. If you have been injured, contact us today for a free, confidential consultation. We handle all cases on a contingency fee basis, which means you pay absolutely nothing unless and until we win your case.