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What Constitutes “Dangerous Public Property” in California Injury Lawsuits?

By Peterson Law Group on July 25, 2025

If you were injured on public property in California such as a park, on a sidewalk, or near a roadway, you may have the right to seek compensation. But proving a “dangerous condition” existed isn’t easy. California law sets a high bar for liability when injuries occur on property owned or controlled by public entities.

At Peterson Law Group PC, we help injury victims navigate these complex cases. If you or a loved one has been hurt due to unsafe conditions on public land, it’s crucial to understand what legally qualifies as dangerous public property in California—and what steps you can take to pursue compensation. You also have to act quickly because strict filing deadlines apply.

Defining “Dangerous Condition” Under California Law

In personal injury claims involving public entities, the controlling statute is California Government Code § 835, which allows a public entity to be held liable for injuries caused by a dangerous condition of public property. However, not every hazard qualifies.

To win a claim, a plaintiff must prove:

• The property was in a dangerous condition at the time of the injury.
• The condition created a reasonably foreseeable risk of the kind of injury suffered.
• The public entity had actual or constructive notice of the condition in time to fix it.
• The injury was proximately caused by the dangerous condition.

A dangerous condition is defined as one that presents a substantial risk of injury when used with due care in a reasonably foreseeable manner. In short: it must be more than just a minor defect or everyday hazard.

Examples of Dangerous Public Property in California

Here are several scenarios that may meet the legal threshold:

Trip and Fall on a Sidewalk

Cracked or uplifted sidewalks—especially those with abrupt height differences—are among the most common sources of premises liability claims against cities and counties. While small cracks may not trigger liability, courts have found that rises over ¾ of an inch, particularly in pedestrian-heavy areas, may qualify as dangerous.

Tree roots, water pooling, or unmarked construction areas can strengthen your claim if the city failed to act in a reasonable time.

Storm Drain Hazards

Open or poorly maintained storm drains can pose a risk to pedestrians, cyclists, and even motorists. If a city fails to cover, secure, or inspect its stormwater infrastructure and someone is injured as a result, it may constitute government negligence.

We’ve seen serious cases where bike tires were caught in grates or children were injured after slipping near a washout or exposed culvert.

Public Park Injuries

Playgrounds, sports courts, and hiking trails are popular but can become dangerous when not properly maintained. Issues that could give rise to a public park injury lawsuit include:

• Broken playground equipment
• Unstable bleachers or benches
• Poor lighting leading to trip hazards
• Untrimmed vegetation obscuring walkways

While recreational immunity often protects public entities, this doesn’t apply when a known dangerous condition is ignored or hidden.

Unmarked Roadway Hazards

Improper signage, broken guardrails, or unmarked construction zones on public roads can lead to severe accidents. If the public entity failed to install adequate warnings or deviated from established safety guidelines, it may be liable.

This includes areas where construction debris, open trenches, or missing lane markings create confusion or unsafe driving conditions.

When Is a Public Entity Liable?

In addition to proving the existence of a dangerous condition, you must also show that the city, county, or state agency had actual or constructive notice—meaning they knew or should have known about the hazard.

• Actual notice means an employee observed or was told about the problem.
• Constructive notice exists when the condition was present long enough that it should have been discovered and corrected through reasonable inspection.

Municipalities are required to regularly inspect public areas. If your attorney can demonstrate that routine checks would have revealed the danger, your case becomes much stronger.

Legal Hurdles and the Government Claims Act

Suing a public entity is not the same as suing a private landowner. In California, the Government Claims Act requires strict procedures and short deadlines.

Key Requirements Include:

• Filing a government claim within six months of the injury date.
• Waiting for the government’s response before filing a lawsuit.
• Providing specific information about the injury, location, and damages.

Missing these deadlines can result in your case being dismissed—no matter how severe the injury or obvious the hazard.

Damages You May Recover

If your claim is successful, you may be eligible to receive compensation for:

• Medical expenses (past and future)
• Lost income or reduced earning capacity
• Pain and suffering
• Disability or disfigurement
• Ongoing rehabilitation needs

We also work with experts to calculate the full value of your claim—especially important when the injury has long-term effects on your work, independence, or family life.

Building a Strong Premises Liability Cases Against Public Entities

Building a case for premises liability involving public property takes strategic legal insight and attention to detail. Here’s how we help:

Investigate the Hazard

We visit the scene, collect photos and video, and look for city maintenance logs, prior complaints, and patterns of neglect. We also assess whether the condition meets the legal definition of “dangerous.”

Establish Knowledge

Our team uncovers whether the city had prior complaints, failed inspections, or ignored visible warning signs. We use public records requests and depositions of city personnel to reveal what the government knew—and when.

Document Your Losses

We work with medical and economic experts to show not just what happened, but how your life was impacted—and what it will take to recover.

When to Contact a California Public Property Injury Attorney

If you’ve been injured on public property and suspect a dangerous condition was to blame, don’t delay. Public entities move quickly to limit their liability, and you want to have experienced legal representation to level the playing field.

John Peterson isn’t intimidated by city attorneys or insurance adjusters—and he knows how to navigate the bureaucracy and legal complexities that come with suing public agencies. John’s achievements include:

• Over 38 years of experiencefiling successful claims against public agencies
• Member: The American Board of Trial Advocates
• Elected Member: American Board of Trial Advocates (ABOTA)
• AV Rating from Martindale-Hubbell® AV
• Listed by Super Lawyers in Southern California
• Named Lawyer of the Year for Los Angeles by Best Lawyers for Eminent Domain and Condemnation Law

 

Speak With a Prominent Public Property Injury Attorney in Los Angeles

We’ll evaluate your case and go over your options. Whether your case involves government negligence, premises liability, or a trip and fall sidewalk claim, Peterson Law Group PC can help you move forward with confidence.

Call (213) 236-9720 to schedule your consultation today.