• If you are injured due to defect on a public sidewalk, the proper defendant is a public entity.Sidewalk image by Alexey Stiop from Fotolia.com
  
  While some states do not allow lawsuits against a public entity, in California they are permissible. Examples of public entities in California are the State of California, the City of Los Angeles, the University of California and the Metropolitan Transit Authority. For example, if you are injured by a government employee who is acting on behalf of the public entity (such as a MTA bus driver), the proper defendant to make a claim against is the transit authority. However, taking legal action against a public entity follows a special process unlike lawsuits filed against individuals and corporations.
  
  

Statute of Limitation

• It is imperative to act swiftly if you believe a California public entity is responsible for your injuries and/or damages. In general, the statute of limitation is only six months from the date of the incident for injuries sustained, including death, or damage to personal property. A lawsuit against a public entity may not proceed unless the plaintiff first files a claim directly with the public entity itself.
  
  

Filing a Claim

• Unlike lawsuits filed against non-public entity defendants, before you can sue a government entity in court, you must first file a claim directly with the government agency or body that you believe is responsible for your injury and/or damages. Every governmental entity has a "Government Claims Form" that can be downloaded from the Internet. On the form you must report basic facts about how your injury and/or damages occurred, including contact information for any witnesses who may have be present on the day of the incident. You must also be capable of identifying the specific injuries and/or damages that you incurred as well as the amount of economic loss that you suffered as a result of them.
  
  

Filing Fee and Location

• A $25 non-refundable filing fee must accompany the "Government Claims Form." Both the funds and the form must be submitted directly to the public entity that is alleged to be responsible for your injuries and/or damages. Do not file the claim form in any state or city court.
  
  

Late Claims

• On occasion, the six month statute of limitation period is extended due to extenuating circumstances. For example, if the injured person was under the age of 18 during the mandatory filing period, California's Government Claims Board will typically allow a party to file a late claim. If the statute of limitation has expired and you believe you should still be entitled to file a claim, you may petition the Board, by writing a letter and stating your case, to grant you an extension. The Board has 45 days to make a decision on your request. If you do not receive a response, your request has been denied.