If you were hurt after tripping or slipping on a broken sidewalk in California, you may be wondering: Can I sue the city? Can I sue the property owner?
The short answer is yes — sidewalk injury lawsuits are often successful in California, but the rules vary by city.
At Silva Injury Law, we regularly pursue these cases. Below, we’ll explain who you can sue, how liability works in different cities, and what it takes to win.
What to Know About Suing for Sidewalk Fall Injuries
- You can usually sue both the city/county and the property owner.
- Some cities (San Francisco, Oakland, Sacramento, San José, Berkeley) make owners directly liable by ordinance.
- Elsewhere (incl. LA, San Diego, Modesto, Merced, Turlock, Salinas, Fresno), the city/county is primary unless the owner created the hazard.
- Notice is the big hurdle: prove the city/owner knew or should have known.
- Deadlines: 6 months for government claims; 2 years for private defendants.
- Evidence wins: photos (with scale), medical records, repair logs, witness statements.
- Expect defenses: trivial defect, open-and-obvious, comparative negligence.
- Serious injuries (fractures, surgery, disability) often reach six figures+.
Who Is Responsible for Sidewalks in California?
Most sidewalks in California are public property, owned by the city or county. Under California law, public entities have a non-delegable duty to keep sidewalks safe. That means they remain legally responsible even if they pass maintenance duties to property owners.
In some cities, ordinances go further and make the adjacent homeowner or business directly liable for injuries caused by sidewalk defects. In other places, the city or county is the main defendant unless the property owner created the hazard (tree roots, private construction, irrigation systems, etc.).
Who Can You Sue After a Sidewalk Fall?
Figuring out who’s legally responsible for a dangerous sidewalk isn’t always straightforward. In many cases, more than one party may share the blame. Here’s how liability usually breaks down:
The City or County
Most of the time, the city or county will be part of your lawsuit. Public sidewalks are considered government property, and local agencies have a non-delegable duty to keep them safe. Even when they try to shift responsibility to nearby property owners, they can’t fully escape liability under California law.
The Property Owner
In certain cities — including San Francisco, Oakland, Sacramento, and San José — local ordinances give you a direct claim against the property owner whose land borders the sidewalk. Even in areas without these specific laws, property owners can still be held liable if they created or contributed to the hazard, like when tree roots, irrigation systems, or construction work caused the sidewalk to break or become uneven.
Why You Should Often Sue Both
In many cases, the best strategy is to name both the public entity and the property owner in your claim. This approach gives you more coverage, creates leverage for settlement negotiations, and prevents your case from falling apart if one party successfully argues that the other should take full responsibility. It also ensures you meet every possible deadline, since claims against public entities and private owners have very different timelines.
Bottom line: Suing both is usually the safest and strongest path forward — especially when you’re unsure exactly who’s at fault.
California Sidewalk Liability by City
Laws about sidewalk maintenance and liability vary depending on where you live in California. In some cities, property owners are directly responsible for keeping the sidewalks safe. In others, the city or county bears most of the responsibility — unless a property owner’s actions caused the hazard.
The table below breaks down how liability works in key California cities, including areas where Silva Injury Law represents clients. It also highlights the deadlines that apply if you need to file a claim.
Use this as a quick reference to understand who you can sue after a sidewalk injury and what makes cases in your area unique.
| Location | Liability Rule | Deadlines | What to Know |
|---|---|---|---|
| San Francisco | City + Owner | 6 Mo Gov Claim 2 Yr Private Claim | Property owners have a direct legal duty to maintain sidewalks. The City must also be named as a defendant. |
| Oakland | City + Owner | 6 Mo Gov Claim 2 Yr Private Claim | Both property owners and the City share liability. Naming both increases chances of recovery. |
| Berkeley | City + Owner | 6 Mo Gov Claim 2 Yr Private Claim | Owners and City are jointly responsible for sidewalk conditions. This rule is favorable to plaintiffs. |
| Sacramento | City + Owner | 6 Mo Gov Claim 2 Yr Private Claim | Owners have civil liability for injuries. The City remains liable under state law. |
| San José | City + Owner | 6 Mo Gov Claim 2 Yr Private Claim | Owners are directly responsible by ordinance. The City must still be included in the claim. |
| Los Angeles | City Only | 6 Mo Gov Claim 2 Yr Private Claim | The City is usually the main defendant. Property owners are named only if they created the hazard. |
| San Diego | City Only | 6 Mo Gov Claim 2 Yr Private Claim | The City is primarily responsible. Evidence of prior notice is critical to success. |
| Fresno | City Only | 6 Mo Gov Claim 2 Yr Private Claim | Standard California rule: City responsible unless property owner directly caused the defect. |
| Modesto | City Only | 6 Mo Gov Claim 2 Yr Private Claim | City is liable for maintenance. Owners only if they altered or damaged the sidewalk. |
| Merced | City Only | 6 Mo Gov Claim 2 Yr Private Claim | Claims against the City must be filed quickly. Owners are liable only for hazards they caused. |
| Turlock | City Only | 6 Mo Gov Claim 2 Yr Private Claim | Evidence of City knowledge or complaints is key. Owners added only when defect was their fault. |
| Salinas | City Only | 6 Mo Gov Claim 2 Yr Private Claim | Similar to other Central Valley cities. Act fast to preserve evidence before repairs are made. |
| Monterey | City Only | 6 Mo Gov Claim 2 Yr Private Claim | City responsible for sidewalk safety. Owners named if they directly caused damage. |
| Santa Cruz | City Only | 6 Mo Gov Claim 2 Yr Private Claim | Standard state rules apply. Focus on proving City notice of the defect. |
| Hollister | City Only | 6 Mo Gov Claim 2 Yr Private Claim | City typically the main defendant. Owners added if irrigation, construction, or trees caused hazard. |
| Madera | City Only | 6 Mo Gov Claim 2 Yr Private Claim | City or county liable depending on location. Owners named only for defects they created. |
| Oakdale | City Only | 6 Mo Gov Claim 2 Yr Private Claim | Follow standard California rules: focus on City notice and inspection records. |
| Los Banos | City Only | 6 Mo Gov Claim 2 Yr Private Claim | City is liable for maintenance unless defect was caused by private action. |
| Hilmar | County | 6 Mo Gov Claim | County is responsible for sidewalks in unincorporated areas. |
| San Luis Obispo | City Only | 6 Mo Gov Claim 2 Yr Private Claim | Standard rule: City liable unless owner directly created the defect. |
The Sidewalk Case Playbook: Building a Strong Claim
Suing over a sidewalk injury isn’t just about filing paperwork. It’s about carefully gathering evidence and building a solid case from the very beginning. Here’s how we approach these cases to give you the best chance at success.
Step 1: Identify Every Potential Defendant
The first step is figuring out who might be responsible for the dangerous sidewalk. In California, that usually means looking at both the public entity that owns or manages the sidewalk and the property owner whose land borders it. Even if you aren’t sure who’s ultimately liable, it’s smart to name both parties at the outset.
Some cities, like San Francisco and Oakland, have local laws that make property owners directly responsible for maintaining sidewalks. In other areas, the city usually bears the legal duty unless the property owner actively caused the hazard—by installing a ramp, maintaining a tree with invasive roots, or creating another unsafe condition. Leaving out the right defendant can sink a case before it gets off the ground, especially since government claims have strict filing deadlines.
Step 2: Prove They Knew About the Hazard
Once you’ve identified the defendants, the biggest challenge is often proving notice—that the city or property owner knew, or reasonably should have known, about the sidewalk defect before the accident.
This proof can come from many places. Public records requests under the California Public Records Act (CPRA) can reveal inspection logs, repair orders, or complaints submitted through systems like 311. Talking to neighbors or nearby businesses may uncover reports or long-standing awareness of the problem. Even showing that public employees frequently worked in the area without addressing the issue can help establish constructive notice.
The more clearly you can show that a hazard existed for a meaningful amount of time without action, the stronger your claim becomes.
Step 3: Document the Defect and the Injury
Cities often repair sidewalks immediately after an accident to limit their exposure, so preserving evidence early is critical. Take photos as soon as possible from multiple angles, including something in the frame—a ruler, coin, or shoe—that shows the size and depth of the defect.
At the same time, gather medical records and documentation that connect your injury directly to the fall. Imaging, ER visits, and follow-up care all matter. When possible, obtain repair histories or expert evaluations from professionals like engineers or arborists who can explain what caused the defect, such as tree root growth or improper construction. Without this evidence, the case can quickly turn into a battle of opinions.
Step 4: Prepare for the Defenses You’ll Face
Public entities and property owners almost never admit fault right away. They’ll raise defenses designed to shift blame or minimize the defect.
- One common tactic is comparative negligence, where they argue you weren’t paying attention and could have avoided the hazard.
- Another is the trivial defect doctrine, claiming the defect was so minor that it doesn’t rise to the level of a dangerous condition.
- Finally, there’s the “open and obvious” defense, where they insist the hazard was clear and visible and should have been avoided.
Anticipating these defenses is key. Strong, well-documented evidence—especially clear photos and testimony about visibility and lighting conditions—can undermine these arguments and keep the focus where it belongs: on the defendant’s failure to fix a dangerous sidewalk.
Step 5: Move Fast
Time limits are strict in these cases. You must file a formal government claim within six months of the incident if you’re suing a city or county. Claims against private property owners fall under California’s general two-year statute of limitations for personal injury.
Even though two years sounds like plenty of time, waiting can weaken your case. Evidence disappears, sidewalks get repaired, and witnesses forget details. Acting quickly not only preserves your rights but also gives your attorney the best chance to gather the proof you’ll need to win.
Deadlines You Can’t Miss
When it comes to sidewalk fall cases, timing is everything. Missing a filing deadline can end your case before it even begins.
If you’re suing a city, county, or other public entity, California law requires that you file a government claim within six months of the date of your injury. This step is not optional. If the claim isn’t filed on time, you’ll almost always lose the right to sue, no matter how strong your case might have been.
Claims against private property owners follow California’s standard personal injury deadline. You generally have two years from the date of the accident to file a lawsuit. While two years might sound like plenty of time, waiting is risky. Evidence can disappear overnight, especially if the city rushes to repair the sidewalk, so it’s best to act quickly no matter which deadline applies.
What Increases Your Chances of Success
Sidewalk cases are winnable, but they require a strategic approach. Filing a lawsuit isn’t just about pointing fingers — it’s about building a story backed by evidence. Here’s how you can give yourself the best shot:
Start by naming both the city (or county) and the property owner whenever possible. Even if you’re unsure who is ultimately responsible, this approach ensures you don’t leave out the right defendant while the facts are being sorted out.
Next, move fast. Dangerous sidewalks are often repaired within days of an accident. If you wait, you could lose the very evidence you need to prove what happened.
Finally, work with a lawyer who knows how to navigate the system. Public records requests, often filed under California’s CPRA, are crucial for uncovering inspection logs, prior complaints, and repair histories. These records often make the difference between a case that settles quickly and one that falls apart.
FAQ: Sidewalk Fall Lawsuits in California
Can I sue the city if I trip on a sidewalk in California?
Yes. Under California Government Code §835, cities and counties can be held responsible if a dangerous condition on public property caused your injury. The key is proving that the city either knew about the defect or should have known through reasonable inspections.
Can I sue the property owner if I fall on a sidewalk?
In some cities — like San Francisco, Oakland, Sacramento, and San José — local laws give you a direct claim against the property owner whose land borders the sidewalk. Even in areas without such ordinances, a property owner can still be liable if they created or contributed to the hazard, for example by poorly maintaining trees or irrigation systems.
How long do I have to sue for a sidewalk injury?
If a public entity is involved, you must file a government claim within six months of the incident. For private property owners, you have up to two years to file a personal injury lawsuit. Because both deadlines might apply, it’s critical to act immediately so you don’t miss either one.
What if the city fixed the sidewalk after my fall
You can still sue. In fact, the repair itself may strengthen your case by showing the city was aware of the problem. Repair records can serve as powerful evidence of notice and responsibility.
How much is my sidewalk injury case worth?
There’s no set amount. Settlements depend on factors like the severity of your injuries, the clarity of liability, and the availability of insurance or public funds. Cases involving broken bones, surgery, or permanent disability often reach six figures or more, but every case is unique.
Talk to a California Sidewalk Injury Lawyer
At Silva Injury Law, we’ve helped many Central Valley residents recover after sidewalk falls. We know how to hold cities, counties, and property owners accountable — and we understand the urgency of gathering evidence before it disappears.
Don’t wait. You only have 6 months to act against a public entity.
Contact us today for a free consultation.
CALL 
EMAIL 
Ask AI 
Access