San Diego · Practice Area

San Diego Public-Entity Injury Claims

Khashayar Law Group has experience with public-entity injury claims against the City of San Diego, the County, Caltrans, MTS, and other government defendants. The firm’s most directly relevant result is the Brownlee case — a $4.5 million jury verdict against the City of San Diego, later reported as a $4.8 million judgment after costs and fees, in a trip-and-fall / TBI dangerous-condition matter. Past results do not guarantee future outcomes.

Khashayar Law Group represents people injured by dangerous conditions of public property in San Diego under California Government Code §§835 and 911.2. Representative result: $4.5M verdict / $4.8M judgment against the City of San Diego in the Brownlee TBI case.

The Six-Month Deadline That Almost Always Bars the Suit

California public-entity injury claims have one critical deadline that catches more people than any other rule in California injury law: California Government Code §911.2 requires a written government claim within six months of the date of injury if a public entity (or a public employee) may be liable. The standard two-year personal injury statute under CCP §335.1 does not apply to government defendants. Missing the six-month deadline almost always bars the claim entirely.

The six months starts running on the date of injury. By the time most people realize they need an attorney, several months have often already passed. Khashayar Law Group recommends consultation as soon as possible after any injury that might involve a government defendant.

What Counts as a “Public Entity” in San Diego

City of San Diego — sidewalks, roads, parks, public buildings, fire and police vehicles, city employees;
County of San Diego — sheriff vehicles, county hospitals, county roads, county facilities;
State of California / Caltrans — state highways (I-5, I-15, I-805, I-8, SR-163), state parks, state buildings;
San Diego Metropolitan Transit System (MTS) — buses, trolley vehicles, transit stations;
Public school districts — San Diego Unified, Poway Unified, and others;
UC San Diego & SDSU — the public university systems;
Port of San Diego — airport, bay, port facilities;
Special districts — water districts, fire districts, transit districts.

Federal entities (e.g., the U.S. Navy, federal courthouses) have their own claim process under the Federal Tort Claims Act, not California Government Code.

California Government Code §835 — Dangerous Condition of Public Property

The main substantive statute is California Government Code §835. A public entity is liable for injury caused by a dangerous condition of its property if:

The property was in a dangerous condition at the time of injury;
The condition created a reasonably foreseeable risk of injury;
The public entity had actual or constructive notice of the condition; and
The entity failed to take reasonable measures to fix or warn of the condition.

“Constructive notice” is often the key issue — whether the condition existed long enough that the entity should have discovered it. Prior complaints, prior crashes, and prior repair records are critical evidence.

The Government Claim Process

Within 6 months of injury — file a written government claim under Gov Code §911.2 with the correct entity. Specific information must be included (description of injury, claim amount, etc.).
Entity has 45 days to respond. The entity may accept, reject, or deny the claim. If rejected, the rejection letter triggers a six-month window to file suit.
If the entity denies or rejects — suit must be filed within six months of the rejection notice under Gov Code §945.6.
If the entity does not respond within 45 days — the claim is deemed rejected. A two-year window to file suit then applies under Gov Code §945.6(a)(2).

Evidence in Public-Entity Cases

Photographs of the dangerous condition (often the strongest evidence — conditions get repaired after claims are filed);
Witness names and statements;
Prior complaints, prior inspection records, prior repair tickets (obtained via public records requests and discovery);
Medical records and bills;
Independent expert reconstruction or engineering analysis in serious cases (the Brownlee case used trial visualization — see DK Global case feature);
Public records requests under the California Public Records Act for maintenance history.

Why Khashayar Law Group for a San Diego Public-Entity Claim

The Brownlee case is the firm’s most directly relevant public-entity result:

$4,500,000 verdict against the City of San Diego in a sidewalk trip-and-fall / TBI matter at a three-week jury trial;
$4,800,000 final judgment after costs and fees were added;
Successfully navigated the §911.2 government-claim process, the §835 dangerous-condition framework, and TBI causation proof to a defense verdict-resistant jury.

See the Brownlee case page, the DK Global case feature, and CBS 8 news coverage. Daryoosh Khashayar is an ABOTA member — see his attorney bio.

Frequently Asked Questions — San Diego Public-Entity Injury Claims

How long do I have to file a claim against the City of San Diego?

Six months from the date of injury under California Government Code §911.2. This is much shorter than the standard two-year personal injury deadline. Missing the six-month deadline almost always bars the suit.

What is a “dangerous condition of public property” under California law?

Under California Government Code §835, a public entity is liable for injury caused by a dangerous condition of its property if the condition created a foreseeable risk, the entity had actual or constructive notice, and the entity failed to take reasonable measures to fix or warn of the condition.

Can I sue Caltrans for a dangerous condition on a California highway?

Yes. Caltrans is a public entity subject to Government Code §§835 and 911.2. The same six-month claim deadline applies. Caltrans must be identified as the correct defendant for state highway claims (different from city or county roads).

What if I missed the six-month deadline?

California allows a limited late-claim application under Gov Code §911.4 within one year of injury in specific circumstances (e.g., minor plaintiffs, mental or physical incapacity, mistake/inadvertence/excusable neglect). These applications are difficult and frequently denied. Consultation as soon as possible after injury is critical.

How much does a San Diego public-entity injury attorney cost?

Khashayar Law Group works on contingency. No attorney fee unless we recover. Free initial consultation.

Source note. California Government Code §§835, 911.2, 911.4, 945.4, and 945.6 are the controlling state statutes. The Brownlee result is described on the firm’s case page and supported by CBS 8 news coverage. See the firm’s editorial policy. Past results do not guarantee future outcomes.