Legal Question in Personal Injury in California

Most cities take the position that the side walk area is to be maintained by the homeowner and theat if their is any slip and fall it is the homeowner who is liable and not the public entity unless the defect is caused by a city tree lifting up the sidewalk, in which case the the public entity is responsible. As a practical matter, most plaintiffs sue the public entity as it has deeper pockets than the home owner. Within 180 days of the incident you must file a claim with the public entity or file a motion to be relieved from that period of time if you are beyond the 180 days.

Depends on who is responsible for that portion of the driveway, the city or the property owner. You will have a slightly less difficult case against the property owner and her insurance company Against the city there are special procedures and rules. In general, you won't win your lawsuit if the defects in the pavement were "minor and insignificant." You might not win anyway, since slip and fall accidents are always difficult cases. You would be suing the property owner for negligently maintaining the driveway, but to sue the city you would have to file a claim, and then sue for a "dangerous condition of public property." Watch out for very short legal time limits and complex claim procedures with regard to any claim against the city.