The California Tort Claims Act (CTCA) governs the rules and procedures of suing government agencies and public employees in California. According to conventional legal principles, government agencies are immune from suits as they have sovereign immunity, and they cannot be sued unless they specifically waive it. But the CTCA grants a limited waiver of immunity, and citizens can sue to recover for injuries or damages arising out of the negligence or wrongful conduct of government agencies or employees.
It is imperative that those wishing to make a claim against a city, county, or state agency know about the CTCA. This article delves into the core provisions of the CTCA, the types of claims that are covered, filing requirements, exceptions, and legal approaches to obtaining compensation.
What Is the California Tort Claims Act?
The California Tort Claims Act (Government Code §§ 810-996.6) provides a legal framework that allows individuals to file claims against state, local, and municipal government entities when their negligence or misconduct results in injury or property damage. Before filing a lawsuit, claimants must first submit an administrative claim to the responsible government agency.
The purpose of the CTCA is to:
- Ensure government entities are held accountable for negligent or wrongful actions.
- Allow agencies to investigate and resolve claims before litigation.
- Limit the types of lawsuits that can be filed against the government.
The CTCA applies to public agencies, such as:
- State of California departments and agencies
- Cities, counties, and municipalities
- Public schools and school districts
- Public hospitals and healthcare facilities
- Law enforcement agencies
- Public transit systems
- Government-owned utilities
Types of Claims Covered Under the CTCA
A person can file a claim under the California Tort Claims Act if they were injured or suffered financial harm due to the wrongful acts of a government entity or public employee. Some common claims include:
1. Personal Injury Claims
- Injuries caused by unsafe public roads, sidewalks, or government buildings
- Car accidents involving government vehicles (e.g., police cars, fire trucks, city buses)
- Medical malpractice at public hospitals or healthcare facilities
- Police misconduct and excessive force
2. Property Damage Claims
- Damage caused by government vehicles
- Flooding or fire damage due to negligent city maintenance
- Loss of business revenue due to government negligence
3. Wrongful Death Claims
- Deaths resulting from police shootings or excessive force
- Fatal accidents caused by government employees
4. Employment-Related Claims (With Some Restrictions)
- Discrimination, harassment, and wrongful termination in public sector jobs
- Retaliation claims for whistleblowers in government positions
Filing a Claim Under the California Tort Claims Act
To file a claim against a government agency in California, a claimant must follow strict procedures and deadlines. Failure to adhere to these rules can result in claim denial.
1. Notice of Claim Requirement
Before filing a lawsuit, individuals must submit a formal claim (Notice of Claim) to the specific government agency responsible for the harm. The claim must include:
- Claimant’s name and contact information
- Detailed description of the incident (date, location, and nature of the claim)
- Statement of damages (personal injury, property damage, or financial loss)
- Supporting documents (e.g., medical records, photos, police reports)
2. Strict Deadlines for Filing
- Personal Injury or Property Damage: Must file a claim within six months of the incident.
- Breach of Contract or Property Loss Claims: Must file within one year of the incident.
If the government agency rejects or ignores the claim, the claimant has six months from the rejection date to file a lawsuit in court.
3. How the Government Responds to a Claim
After receiving a claim, the government agency has 45 days to respond. They can:
- Approve the claim and offer a settlement.
- Reject the claim, allowing the claimant to file a lawsuit.
Ignore the claim, in which case it is considered rejected after 45 days.
Exceptions and Limitations Under the CTCA
Not all claims against government agencies are allowed under the California Tort Claims Act. Some key exceptions include:
- Discretionary Acts – Government agencies cannot be sued for decisions made at their discretion (e.g., budget cuts, policy changes).
- Judicial and Legislative Immunity – Judges and legislators are immune from liability for decisions made within their official duties.
- Intentional Misconduct – Government entities are not liable for certain intentional torts committed by employees (e.g., assault, false arrest) unless it involves law enforcement officers.
- Natural Disaster Claims – Governments are not responsible for damages caused by natural disasters unless negligence contributed to the damage.
Legal Strategies for Filing a Successful CTCA Claim
Filing a claim under the California Tort Claims Act can be complex, and claimants often face government opposition. To increase the chances of success, consider the following strategies:
1. Gather Strong Evidence
- Collect medical records, repair bills, and witness statements.
- Take photos and videos of the incident scene.
- Obtain copies of police reports and public records.
2. File the Claim Promptly
- Do not miss the six-month deadline.
- Keep proof of submission (e.g., certified mail receipts, email confirmations).
3. Seek Legal Assistance
- A California personal injury attorney can help navigate the claims process.
- Legal professionals can negotiate settlements or file lawsuits if the claim is denied.
Notable Cases Involving the California Tort Claims Act
Over the years, the California Tort Claims Act has played a crucial role in holding government agencies accountable for negligence and misconduct. Several high-profile cases have resulted in significant settlements, particularly in areas like police misconduct, unsafe public roads, and medical malpractice at public hospitals.
Below are some notable examples that highlight how individuals have successfully pursued claims against government entities.
Case #1: Police Misconduct and Excessive Force
Many police brutality cases in California have been filed under the CTCA, particularly those involving wrongful shootings, excessive force, and false arrests. In some cases, cities like Los Angeles and San Francisco have paid millions in settlements to victims of police violence.
Case #2: Dangerous Public Roads
In California road defect lawsuits, victims have successfully sued cities and counties for failing to maintain safe road conditions, leading to accidents and injuries. These cases highlight government liability for public infrastructure safety.
Case #3: Public Hospital Negligence
Patients injured due to medical malpractice at public hospitals can sue under the CTCA. Cases involving misdiagnosis, surgical errors, and delayed treatment have led to settlements for victims and their families.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
