Injury Claims Against A City For A Dangerous Alley

Attorney Answer

The fact that you told the city about the alley and nothing was done is the strongest thing in your account — but it is worth nothing if the six-month claim deadline runs out first. A claim against a city is not on the ordinary two-year track, and each of your two falls has its own clock.

Cal. Gov't Code § 911.2(a) requires a claim for death or for injury to a person or to personal property against a public entity to be presented not later than six months after the cause of action accrues. Six months, not two years. A written claim, delivered to the entity, before any lawsuit. Cal. Gov't Code § 945.4 also requires that presentation before suit can be brought, and a separate short deadline under Cal. Gov't Code § 945.6(a) runs once the entity answers the claim — both have their own statutes and both are worth confirming with a local attorney rather than guessing.

Apply that to two falls. The more recent one is a separate claim from the earlier one and starts its own six months. The earlier fall may already be past its deadline. If it is, Cal. Gov't Code § 911.4 does provide a statutory procedure for applying to present a late claim, but it has its own short window and its own requirements, so that is a question for a lawyer this week rather than next month.

On responsibility, a claim against a public entity for an injury caused by the condition of its property runs on its own statutory scheme, with its own elements — including that the entity knew or should have known about the dangerous condition in time to fix it. Your written complaint to the city is exactly the kind of proof that element calls for, which is why getting a copy of it matters more than almost anything else you can do.

Do not assume the city owns the whole route either. Your landlord charges you for that parking area. Cal. Civ. Code § 1714(a) makes everyone responsible for an injury occasioned to another by a want of ordinary care in the management of his or her property, and that reaches a private owner for the part of the ground the owner controls. A claim against a private owner runs on the two years given by Cal. Code Civ. Proc. § 335.1, not the six months.

Expect to be told you knew the alley was bad and walked it anyway. That does not end a claim here. Applying § 1714(a), the California Supreme Court in Daly v. General Motors Corp., 20 Cal. 3d 725 (1978), described a pure comparative system in which a plaintiff's recovery is reduced only to the extent his own want of reasonable care contributed to his injury. It is a discount, not a defense that closes the file.

What you can do

1. Ask the city for its claim form today and present a written claim for the recent fall. Cal. Gov't Code § 911.2(a) gives six months from accrual, and the form costs nothing.

2. Request, in writing, copies of your own earlier complaint and any service request, work order, inspection record or complaint by anyone else about that alley. Ask for the reference number of the report you made.

3. Photograph the alley now — the gravel, the potholes, the slope — with something in frame for scale, and note the date of the photographs.

4. See a doctor about the nerve symptoms and the knee, tell them how it happened, and keep every record and bill.

5. Ask a local attorney which entity actually controls that alley, whether any part of the route belongs to your landlord, and what can still be done about the earlier fall.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Cal. Gov't Code § 911.2(a) controls: six months from accrual to present the claim to the public entity, against the two years Cal. Code Civ. Proc. § 335.1 allows for a claim against a private owner. Which deadline applies to which fall, when each started, and whether a late claim is still possible all depend on your facts. Have a local attorney check the dates now, not after the city replies.