California’s Government Claims Act (Gov. Code § 810 et seq.) requires claimants to file a Government Claim Form within 6 months of the injury before filing any lawsuit.

This step is mandatory, even if liability is clear.

A. Who Is Covered Under the California Government Claims Act?

The Act applies to:

• City governments (Los Angeles, San Diego, etc.)
  
• County governments
  
• State of California agencies
  
• School districts
  
• Fire departments
  
• County EMS/ambulances
  
• City police departments
  
• Public hospitals and medical centers
  
• Public universities (UC, CSU)
  
• Public employees acting within the scope of employment
  

B. Common Examples of State/Local Government Negligence Cases

These cases commonly involve:

• Police vehicle collisions
  
• Ambulance or fire engine crashes
  
• Dangerous public property (sidewalks, streets, lighting)
  
• School injuries (negligent supervision)
  
• Bus accidents (LA Metro, city transit)
  
• Slip/trip on public premises
  
• Falling trees on city property
  
• Unsafe government buildings
  
• Negligence by county hospitals or clinics
  

C. Filing Requirements (California Government Claim)

1. Claim must be filed within 6 months of the injury (Gov. Code § 911.2)
   
2. Government entity has 45 days to accept, reject, or ignore the claim
   
3. If rejected, you have 6 months from the rejection to file suit
   
4. If no response within 45 days, you have 2 years from the date of injury
   

If you miss the 6-month deadline, you must file an application for late claim relief, which is discretionary and often denied.

D. Applicable CACI Jury Instructions

Commonly used jury instructions include:

• CACI 400/401 – Negligence
  
• CACI 406 – Comparative Fault
  
• CACI 430 – Causation
  
• CACI 1100–1123 – Dangerous Condition of Public Property
  

To prove a dangerous condition, a plaintiff must show:

1. The property was in a dangerous condition
   
2. The condition created a reasonably foreseeable risk of injury
   
3. The public entity had actual or constructive notice
   
4. The entity had enough time to fix or warn about the condition
   

If the negligent party was a federal employee, federal law—not California law—applies.

The Federal Tort Claims Act (28 U.S.C. § 1346(b)) allows citizens to sue the United States for injuries caused by federal employees acting within the scope of employment.

A. Who Is Covered Under FTCA?

Common federal agencies include:

• United States Postal Service (USPS)
  
• Veterans Affairs (VA hospitals, VA doctors)
  
• Federal Bureau of Prisons
  
• Border Patrol / ICE
  
• FBI agents driving government vehicles
  
• Federal courthouses and offices
  
• TSA, FAA, federal airport personnel
  
• Social Security Administration
  
• Federal employees driving government fleet vehicles
  

B. Common Federal Tort Examples

• Postal truck collisions
  
• Medical malpractice at VA hospitals
  
• Slip/trip on federal buildings
  
• Negligence by federal officers
  
• Vehicle accidents by federal workers
  
• Negligent security at federal facilities
  
• Federal employee misconduct causing harm
  

C. FTCA Filing Requirements

Federal claims follow a completely different procedure:

1. File Standard Form 95 (SF-95)

Before any lawsuit, you MUST file an administrative claim with the federal agency.

2. Deadlines

• 2 years from the date of injury to file the SF-95
  
• Government has 6 months to accept or deny
  
• If denied or ignored after 6 months → you may file a lawsuit in federal court
  

3. Where Is the Lawsuit Filed?

• All FTCA lawsuits must be filed in federal district court
  
• State court filing is not allowed
  

D. Major Differences Between FTCA & California State Claims

E. FTCA Attorney Fee Restrictions

Federal law caps attorney fees at:

• 20% if resolved administratively
  
• 25% if lawsuit is filed
  

This is mandatory and cannot be increased.

F. Damages Under FTCA

• Medical bills
  
• Lost wages
  
• Pain and suffering
  
• Property damage
  
• Wrongful death
  

Punitive damages cannot be recovered against the federal government

State/Local (California Government Claims Act)

✔ City police departments
✔ County sheriffs
✔ Fire departments
✔ Ambulance/EMS services
✔ Public hospitals (County/State)
✔ Public schools / school districts
✔ DMV
✔ State Parks
✔ Caltrans (roadway defects)
✔ City transportation (Metro buses)

Federal (FTCA)

✔ USPS
✔ VA medical centers
✔ Federal prisons
✔ TSA/airport federal personnel
✔ FBI, DEA, ATF
✔ Federal courthouses
✔ Social Security Administration
✔ ICE, Border Patrol
✔ CDC, FDA field offices

State/Local Examples

• LAPD patrol car runs a red light and hits you
  
• You fall due to a broken city sidewalk
  
• A county paramedic negligently injures a patient
  
• Fire truck collision
  
• School playground negligence
  
• City bus accident
  

Federal Examples

• USPS mail truck rear-ends your vehicle
  
• Slip and fall inside a federal post office
  
• Medical malpractice at a VA hospital
  
• Border Patrol vehicle accident
  
• Federal employee causes injury on duty