Can I Sue the City of Los Angeles for Tripping on a Sidewalk? Claims, Deadlines and the Trivial Defect Rule (Updated November 2026)

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

Can I sue the City of Los Angeles for tripping on a sidewalk?

Yes, if you can prove what California law requires. A city is liable only when a statute says so (Gov. Code § 815). For sidewalks and streets, that statute is Gov. Code § 835. You have to show that the sidewalk was in a dangerous condition when you fell, that the condition caused your injury, that the injury was the kind of harm the condition made foreseeable, and one of two things:

• a City employee created the condition (for example, a crew left a raised edge after a repair), or
• the City had actual or constructive notice of it long enough before your fall to fix it or warn people (Gov. Code § 835.2).

Constructive notice means the defect was there long enough, and was obvious enough, that a reasonable inspection system would have found it. Our page on dangerous condition of public property explains each element and the City’s defenses.

Before any lawsuit, you must file a government claim with the Los Angeles City Clerk. For a personal injury, the deadline is six months after the fall (Gov. Code § 911.2). See the claim deadline page for how to count it and how to file for the steps.

The trivial defect rule: how small is too small?

The City’s first defense in almost every sidewalk case is that the defect was trivial. Under Gov. Code § 830.2, a judge can decide that a condition is not dangerous if, viewing the evidence in your favor, the risk was so minor that no reasonable person would see a substantial risk of injury. The statute sets no height cutoff. Courts look at the size of the defect and at the surroundings: jagged edges, debris, lighting, weather and prior accidents.

The published cases split, and the details decide them:

Huckey noted that elevations of about 3/4 inch to 1 1/2 inches have generally been held trivial, but said size alone is not enough. Stack replaced the step-by-step test with a “holistic multi-factor framework” in which size is the most important factor, and held that the injured person’s own familiarity with the area “is not a proper factor.” In Stathoulis the court called the question close and said that “a tape measure alone cannot be used to determine whether the defect was trivial.” Courts of Appeal do not all use the same framework, so the facts around the defect matter as much as the ruler.

Who is responsible for sidewalks in Los Angeles?

This is where Los Angeles is different, and it confuses people.

• State law puts a repair duty on the property owner. Streets and Highways Code § 5610 says owners of lots fronting a sidewalk must keep it in a condition that will not endanger people. The statute does not say that duty makes the owner liable to a pedestrian who trips. The City can order the owner to repair under § 5611.
• The City’s own code says the same. LAMC § 62.104(b): “The owner of a Lot shall maintain any Sidewalk, Driveway Approach, Curb Return or Curb on or fronting on the Lot.” StreetsLA’s FAQ also says “property owners are responsible for maintaining sidewalks fronting their lot” (StreetsLA).
• Tree-root damage has been the City’s job since 1974. The City Controller’s 2021 audit explains that a 1974 ordinance made the City repair sidewalks damaged by street tree roots at no cost to owners (L.A. Controller).
• Injury liability did not move to owners. The Controller’s report says the City’s “Fix-and-Release” program (adopted 2016) does not change the City’s liability for sidewalk injuries under state law, and that LAMC 62.104 creates no new owner liability to injured pedestrians (L.A. Controller).

So in most Los Angeles sidewalk falls, the claim goes to the City. If the owner or a business created the defect itself (a private driveway, a planter, a utility box installed under a permit), that party may be a defendant too, and we look at both.

Los Angeles sidewalks by the numbers: Willits and Safe Sidewalks LA

Los Angeles has more than 9,000 linear miles of sidewalk (L.A. Controller). In 2015 the City agreed to settle Willits v. City of Los Angeles, a disability-access class action, by committing $1.4 billion to sidewalk repairs over 30 years (KPCC/LAist, April 1, 2015). The City Council approved it on March 29, 2016 (Daily Bruin); the Controller describes the obligation as $1.37 billion over 30 years (L.A. Controller). The repair program, which Public Works calls Safe Sidewalks LA, started at the end of 2016 (L.A. Public Works).

The money paid to people who fall is separate. The Controller found that over five fiscal years the City faced more than 1,700 claims and 1,020 lawsuits over sidewalk injuries and paid more than $35 million in settlements, including $12 million in fiscal year 2020 (L.A. Controller).

Report the defect through MyLA311 (and why that record helps)

Report the broken sidewalk through MyLA311 or by calling 311 inside the City. The sidewalk program also takes reports at (213) 473-3231 from outside the 311 area and at sidewalks@lacity.org, and warns that “there could be a significant wait” for repairs (Safe Sidewalks LA).

A 311 report does two things. It may get the spot patched before someone else gets hurt. And a service request number is a written record of when the City was told. Earlier reports by neighbors are even more valuable, because notice before your fall is what § 835.2 requires. The City’s claim form asks whether you reported the problem and for “any report, service or claim numbers,” so write the number down (City claim form).

Evidence to collect after a sidewalk fall

1. Measure the height. Put a ruler or tape measure flat on the lower slab and read the height of the raised edge at its highest point. Measure the width of any crack or hole.
2. Photograph it with something for scale. A coin or the ruler in the frame, close-ups of the edge, and wide shots showing the block, the nearest address and cross street.
3. Record the conditions. Lighting at the time of the fall, shadows, leaves or debris, tree roots, wet pavement. These are the “surrounding circumstances” courts weigh.
4. Keep your shoes and the clothes you wore. Do not throw them away or wear them again.
5. Find witnesses and neighbors who know how long the defect has been there.
6. Get medical care and keep every bill and record.

More tips are on our slip and fall evidence page. Go back soon: once the City patches or grinds the spot, the original height is gone.

Related pages

• How to file a claim against the City of Los Angeles
• City of Los Angeles claim deadline
• How to file a claim with the City Clerk
• Dangerous condition of public property (Gov. Code 835)
• Trees, parks and other City property
• What to do if your claim is denied
• How long after a fall can you claim compensation?
• Los Angeles pedestrian accident lawyer
• California slip and fall lawyer
• News: fatal hit-and-run on San Pedro Street at 20th Street
• News: hit-and-run pedestrian crash on 60th Street

Common questions

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.