Can you sue for a trip and fall?

Yes, where another party's failure to use reasonable care about a dangerous condition caused the fall. A trip and fall is brought as a premises liability claim, the same as a slip and fall. Whether a particular fall supports a claim depends on the condition, who was responsible for it, and what the evidence shows.

Is a trip and fall different from a slip and fall under California law?

Not legally. Both are premises liability claims with the same elements. The practical differences are the type of hazard, which tends to be structural rather than transient, and the fact that sidewalk and walkway defects often raise a question about which party is responsible for the location.

Who is responsible for a broken sidewalk in California?

It depends. A public entity may be responsible where the sidewalk is a dangerous condition of public property. Streets and Highways Code section 5610 also requires owners of lots fronting a public street to maintain the sidewalk so it does not endanger people. That maintenance duty is a separate question from when an abutting owner is legally liable to an injured pedestrian, which is fact-specific. A third party who altered the sidewalk under a permit may also bear the duty.

How long do I have to file a trip and fall claim?

Most claims against a private property owner must be filed within two years under Code of Civil Procedure section 335.1. Where a public entity may be responsible, which covers most public sidewalks, a written claim generally must be presented to that entity within six months under the Government Claims Act, before any lawsuit.

What if the defect was small?

Expect the other side to argue it was too minor to be dangerous. Whether a particular defect supports a claim depends on its dimensions, its location, the lighting, the surrounding conditions, and its history, which is why measuring and photographing it early matters.

What should I do immediately after tripping on a sidewalk?

Get medical attention, then photograph the defect from several angles with something of known size beside it for scale, capture the wider area and lighting, collect witness contact details, keep the shoes you were wearing, and note the nearest address or cross street so the location can be identified later.

Does it matter that the sidewalk is in front of a private house?

It can. Section 5610 places a maintenance duty on the owner of the lot fronting the street, and separately a public entity may be responsible for the sidewalk as public property. Which of them may be liable in a given case is exactly the question a lawyer needs to work through, and it is not safe to assume either answer.

What if I tripped inside a store rather than on a sidewalk?

The claim is still premises liability, and the analysis focuses on the business and any others who controlled the space, such as a landlord, a property manager, or a maintenance contractor. The public entity claim process would not apply.

Does it cost anything to ask?

The initial consultation is free. Vaksman Khalfin handles these matters on a contingency-fee basis, so there is no upfront attorney's fee and attorney's fees are owed only if there is a recovery. Case costs are separate from attorney's fees and are explained in the written fee agreement.

How long do I have to file a claim after tripping on a city sidewalk?

Generally six months from the fall. Government Code section 911.2 requires a personal injury claim against a public entity to be presented within six months after the cause of action accrues.

What information goes into a government claim for a trip and fall?

Under Government Code section 910: your name and address, where notices should go, the date, place, and circumstances of the fall, a general description of the injury and losses, the names of any responsible employees if known, and either the amount claimed (if under $10,000) or whether it would be a limited civil case.

How long does the city have to respond to my claim?

Under Government Code section 912.4, the agency must act within 45 days after the claim is presented, unless both sides agree in writing to extend that period. If it doesn't act, the claim is treated as rejected.

When do I have to sue after my claim is rejected?

Generally within six months after written notice of rejection is delivered or mailed (Government Code section 945.6). If no written notice was given, the period is generally two years from the date the cause of action accrued.

I missed the six-month deadline. Is there anything a trip and fall lawyer can do?

Possibly. Government Code section 911.4 allows a written application for leave to present a late claim, made within a reasonable time not exceeding one year after the claim accrued, stating the reason for the delay and attaching the proposed claim. Relief isn't guaranteed.

Do these rules apply if I tripped in a store parking lot?

Usually not. A trip on private property is generally a claim against the owner or business, with no government claim step. The two-year period in Code of Civil Procedure section 335.1 generally applies.

Trip and Fall Lawyer in San Mateo, CA

Most trips that bring someone to a trip and fall lawyer happen outdoors: a lifted sidewalk panel, a broken curb, a pothole in a crosswalk, an uneven step at a public building. When the place you tripped is owned or maintained by a city, county, state agency, or transit district, California requires a formal written claim before any lawsuit, on a short deadline. This guide walks through that process in order: identifying the right agency, what the claim must contain, when it’s due, what happens after you file it, and what to do if the deadline has already passed. It also covers how trips on private property differ.

First Question for a Trip and Fall Lawyer: Who Owns the Spot?

The same block can involve several owners, and the claim has to go to the right one. Possibilities include:

The city, for most sidewalks, curbs, and streets inside city limits
The county, for roads and sidewalks in unincorporated areas
The State of California, for state highways and state property
A transit district, for stations, platforms, and stops it controls
A school district or other special district, for its own grounds and facilities
A private owner, for a parking lot, a private walkway, or the inside of a business

Sometimes more than one is involved. For example, a city may own a sidewalk while the adjacent property owner has maintenance duties. When ownership is unclear, claims are sometimes presented to more than one entity to protect the deadline.

What a Government Claim Has to Include

Government Code section 910 lists what a claim must show:

your name and mailing address, and the address where you want notices sent
the date, place, and other circumstances of the trip and fall
a general description of the injury and losses, as far as known when the claim is presented
the names of any public employees who caused the injury, if known
the amount claimed if it totals less than $10,000. If the amount is over $10,000, no dollar figure is stated, but the claim must say whether it would be a limited civil case.

Many agencies provide their own claim form. A trip and fall lawyer will usually want the location pinned down precisely, including the nearest address, the side of the street, and nearby landmarks, along with photos.

The Six-Month Deadline Every Trip and Fall Lawyer Watches

Under Government Code section 911.2, a claim for personal injury must be presented no later than six months after the cause of action accrues, which for a trip and fall is generally the date of the fall. For claims against the State of California, the statute ties the presentation date to submission to the Department of General Services, with a filing fee or a fee waiver request. This six-month period runs separately from, and much faster than, the two-year period for suits against private parties under Code of Civil Procedure section 335.1.

After the Claim Is Filed

The agency’s response period. Under Government Code section 912.4, the agency’s board must act on the claim within 45 days after it is presented. The claimant and the agency can agree in writing to extend that period. If the agency doesn’t act in time, the claim is treated as rejected on the last day of the period.
The time to sue. Under Government Code section 945.6, if the agency gives written notice rejecting the claim, a lawsuit generally must be filed within six months after that notice is delivered or mailed. If no written notice is given, the period is generally two years from when the cause of action accrued.

What a lawsuit involves from there is covered in slip and fall lawsuit stages.

If the Six Months Have Already Passed

Missing the six-month deadline doesn’t always end the matter. Government Code section 911.4 allows a written application to the agency for leave to present a late claim. The application must:

be presented within a reasonable time, not more than one year after the cause of action accrued
state the reason for the delay
attach the proposed claim

Late-claim relief isn’t automatic. A trip and fall lawyer can assess whether an application is worth making, and what follows if the agency denies it.

What a Trip and Fall Lawyer Must Prove Against a Public Agency

Filing the claim on time only preserves the right to pursue it. To recover, the injured person generally has to show that the property was in a dangerous condition and that either a public employee created it or the agency had actual or constructive notice of it in time to fix it (Government Code section 835). Agencies often respond that a defect was too minor to be dangerous under Government Code section 830.2. Photos with a ruler in the frame, taken before any repair, along with the agency’s own complaint and inspection records, are often central to the response.

When a Trip and Fall Lawyer Handles a Private Property Claim

A trip in a parking lot, at a store entrance, over a loose mat, or on an apartment walkway is usually a claim against a private owner or business. There is no government claim step, and the general two-year period under Code of Civil Procedure section 335.1 applies. The usual first steps are identifying the owner and manager, preserving video and maintenance records, and presenting the claim to their insurer. See our slip and fall attorney page for how the location shapes a private claim, and our demand letter template for presenting one.

Working With a Trip and Fall Lawyer on the Peninsula

Peninsula cities and San Mateo County each maintain their own streets and sidewalks, and transit stations may belong to separate agencies, so identifying the right entity is often the first task. Vaksman Khalfin, PC he first conversation is free. If you hire the firm, the written contingency agreement sets out the fee percentage and treats case costs separately. Call (650) 250-0705.

Reviewed by Alan D. Khalfin, Partner and Managing Attorney, Vaksman Khalfin, PC (admitted in California). Last reviewed: 10/06/2026

Trip and Fall Lawyer in California: The Government Claim Process After a Public Sidewalk Fall