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Los Angeles Trip and Fall Lawyers, Government Claims Have a 6-Month Deadline

Tripping on a broken sidewalk or government-owned property triggers special claim rules. Miss the six-month filing window and your case is gone. Call today.

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01

Former Insurance Defense

David Lederer and John Nojima defended insurers for years before switching sides. They know every strategy the adjuster will use to reduce your settlement.

02

No Fee Unless We Win

Zero upfront cost. We work on contingency, our fee comes from your recovery. If we do not win, you pay nothing.

03

Free Consultation 24/7

Call any time. We respond to urgent matters around the clock and take over all insurer communication the day you hire us.

What Premises Liability Clients Say

John Nojima was very attentive and made sure that my well-being and my vehicle were well taken care of. Mr. Nojima and his staff often worked extended hours to accommodate my schedule.

Karla · Car Accident Client

LNTL is one of the best personal injury firms in Southern California. They handled my case with professionalism and genuine concern for my recovery.

B.E. · Personal Injury Client

What the Insurance Company Will Not Tell You After a Trip and Fall

These are tactics we used when we defended insurers. Now we expose them.

Argue you were not watching where you were walking

The classic blame-the-victim defense for trip and fall cases. Insurers and government attorneys will claim you were distracted regardless of how obvious the defect was. We document the defect's visibility and location to counter this directly.

Invoke the trivial defect doctrine

California law has a "trivial defect" defense that excuses property owners from liability for very minor conditions. Insurers use this to fight claims on sidewalk cracks and small elevation changes. We document size, context, and prior complaints to defeat it.

Deny prior notice of the defect

Government entity liability requires that the agency had actual or constructive notice of the dangerous condition. When they say they had no notice, we subpoena 311 records, inspection logs, and prior complaint history to prove otherwise.

What to Do Immediately After a Trip and Fall in Los Angeles

  1. 1

    Photograph the defect immediately, with something for scale, before anyone moves or repairs it.

  2. 2

    Do not leave the scene until you have photos of the exact condition that caused your fall.

  3. 3

    Report the incident in writing to the property owner or government agency that same day.

  4. 4

    Get the names and numbers of any witnesses present at the scene.

  5. 5

    Seek medical attention that day even if you think you are okay, adrenaline masks injury.

  6. 6

    Preserve the shoes and clothing you were wearing as physical evidence of the impact.

  7. 7

    Call us immediately, the 6-month government claim clock starts the day you fall.

How We Handle Your Trip and Fall Case

01

Free Consultation

We review your case at no charge. We will tell you honestly what your case is worth, whether the defect meets the legal threshold, and if a government entity is involved.

02

We Take Over

We send a representation letter to all insurers and, if applicable, file the required government claim within the 6-month window. From this point, they talk to us.

03

Investigation

We subpoena 311 records, city inspection logs, prior complaint history, and maintenance schedules. We hire a civil engineer if the defect needs professional measurement and documentation.

04

Demand and Negotiation

We send a demand package built to defeat every defense argument, trivial defect, no notice, comparative fault. We anticipate them because we used them.

05

Settlement or Trial

Most cases settle. When they don't, we litigate. Government entities know we take cases to verdict. That changes the negotiation.

Compensation You May Be Entitled To

Emergency room and hospital bills
All past and future medical treatment
Physical therapy and rehabilitation
Lost wages during recovery
Future lost earning capacity if severely injured
Pain and suffering
Emotional distress
Out-of-pocket medical expenses
Assistive devices and home modifications
Loss of enjoyment of life

California Law: Trip and Fall on Public Property

When you trip and fall on government-owned property in Los Angeles, the path to recovery is governed by the California Government Claims Act. Under Government Code section 945.4, you must file a written tort claim with the responsible government entity within 6 months of your injury. This is not the same as filing a lawsuit, it is a mandatory administrative step. Miss this window and California law bars your lawsuit entirely, regardless of how serious your injuries are.

Liability for the government entity itself flows through Government Code section 835, which makes a public entity liable for a dangerous condition of public property when the entity created the condition or had actual or constructive notice of it and failed to act within a reasonable time. Constructive notice means the condition existed long enough that the entity should have discovered it through reasonable inspection. Sidewalk defects that have existed for years, documented through 311 records and inspection logs, support constructive notice arguments. For private property defendants, the standard statute of limitations is two years under California Code of Civil Procedure section 335.1.

Adjacent private property owners also carry liability under Los Angeles Municipal Code section 62.104, which imposes sidewalk maintenance obligations on property owners abutting city sidewalks. When a residential or commercial property owner fails to maintain the adjacent sidewalk and that failure causes your injury, both the city and the private owner may be liable. We pursue all responsible parties simultaneously - identifying every source of recovery is standard in our investigation process.

Frequently Asked Questions

What is the 6-month government claim deadline and when does it start?
Under California Government Code 945.4, you must file a written tort claim with the responsible government entity within 6 months of the date of injury. Miss it and you are barred from suing.
Who is responsible for a broken sidewalk, the city or the adjacent property owner?
Both can be liable. Los Angeles Municipal Code 62.104 places sidewalk maintenance obligations on adjacent property owners in many situations. The city retains liability for its own negligence. We identify and pursue all responsible parties.
I fell in a government-owned parking lot. Can I sue the city?
Yes, under Government Code 835, a public entity is liable for a dangerous condition of public property when it had actual or constructive notice. We request maintenance and complaint records from the city to establish notice.
What evidence do I need for a trip and fall case?
Photograph the exact defect immediately, including a reference object for scale. Preserve your footwear. Get witnesses. Document every medical appointment and every dollar spent. A same-day police or incident report is strong evidence.
What if I'm told the defect was too small to matter legally?
California courts have allowed recovery on sidewalk defects as small as half an inch under the right circumstances. The size of the defect is just one factor. Prior complaints, lighting conditions, and the nature of the location all matter.

Premises Liability Case Results

The following results are from actual Lederer & Nojima cases. Every case is different.

$2.2M
Premises liability, mall injury
$1.67M
Premises liability (jury verdict, not a settlement)

The case results displayed are not a guarantee or prediction of the outcome of any future case. Every case is different. Past results do not guarantee similar outcomes.

Related Practice Areas

Injured on Public Property in Los Angeles? The 6-Month Deadline Is Real. Call Now.

No fee unless we win. Former insurance defense attorneys on your side.

Available 24/7  ·  No fee unless we win  ·  (310) 312-1860