Hurt on PCH or at a Southern California Beach: What to Know

Pacific Coast Highway and the beach towns along it are some of the best parts of living in Southern California. They are also busy, crowded places where people get hurt: drivers turning across PCH in Malibu, cyclists on the Strand, pedestrians crossing to the sand in Hermosa Beach, swimmers and pier visitors in Huntington Beach and Santa Monica.

The short answer: If you were hurt on PCH or at a public beach or pier, a government agency may be involved, and claims against California public entities generally require a written claim within six months. Public property can be the basis of a claim when a dangerous condition caused your injury, but California also gives public entities significant immunities, especially for natural beach conditions and certain recreational activities. Writing down what happened, and acting early, protects your options.

This guide from Frank Stucki, Esq., MBA, a California-licensed plaintiff's trial lawyer, explains the basics in plain English.

Crashes on Pacific Coast Highway in Southern California

Much of PCH is a state highway, so the State of California, through Caltrans, is often responsible for its design and upkeep. In some stretches a city or county may be responsible for nearby signals, crosswalks or side streets. Most PCH crashes are claims against another driver and their insurance, just like a crash anywhere else. A public entity can come into the picture when something about the road itself contributed, such as:

• A missing, broken or hidden traffic signal or sign
• Poor sight lines at a turn lane, driveway or crosswalk
• Road damage, debris or drainage problems the agency knew or should have known about

Why government cases are different

California's Government Claims Act sets special rules for injury claims against public entities. Before you can sue, you generally must present a written claim to the right agency. For a personal injury claim, Government Code section 911.2 requires that claim no later than six months after the injury. Claims against the State go through its claims process with the Department of General Services, while cities and counties have their own claim forms.

If the six months pass, Government Code section 911.4 allows a written application for permission to present a late claim, but it must be made within a reasonable time and no later than one year after the injury, and it must explain the delay. After an agency gives written notice rejecting a claim, Government Code section 945.6 generally gives you six months to file suit.

These deadlines are much shorter than California's general two-year deadline for injury lawsuits under Code of Civil Procedure section 335.1.

Pedestrian and Bike Crashes in Beach Towns

Beach towns from Santa Monica to Laguna Beach mix heavy traffic, parked cars, tourists and lots of people on foot and on bikes. Common situations include:

• A driver turning into a beach lot who does not see a pedestrian in the crosswalk
• A car door opening into a cyclist on a coastal road
• A rideshare or delivery driver stopping suddenly or pulling out without looking

Most of these are claims against the driver and their insurance. If you were on foot or on a bike, your own auto policy may still help through Med Pay or uninsured/underinsured motorist coverage, depending on its terms. A city or the State may also be involved if a crosswalk, bike lane, signal or pavement problem played a part, which brings the six-month claim rule into play.

Injuries at Public Beaches and Piers in California

Public beaches and piers are owned or managed by cities, counties, the State and other public agencies. The rules for these injuries come mostly from the Government Code.

The dangerous-condition rule (Gov. Code 835)

Under Government Code section 835, a public entity can be liable for an injury caused by a dangerous condition of its property if:

• The property was in a dangerous condition at the time of the injury
• The dangerous condition caused the injury
• The condition created a reasonably foreseeable risk of the kind of injury that happened
• Either an employee's negligent or wrongful act created the condition, or the entity knew or should have known about it in time to fix it or protect against it

Examples might include a broken pier board, a collapsed railing, an unsafe stairway down to the sand, or a damaged walkway, depending on the facts.

Significant immunities

California also protects public entities with immunities that can bar a claim even when someone was badly hurt. Stated generally:

• Natural conditions (Gov. Code 831.2). A public entity is not liable for injuries caused by a natural condition of unimproved public property, which the statute says includes a beach. Under Government Code section 831.21, public beaches are treated as natural and unimproved even if the agency provides lifeguards, patrols, cleanup or signs. Waves, rip currents and the shape of the sand usually fall in this category.
• Hazardous recreational activities (Gov. Code 831.7). A public entity is generally not liable to people who take part in listed hazardous recreational activities, which include surfing, body contact sports, certain diving and water activities where no lifeguard is provided and reasonable warning has been given. The statute has exceptions, including failure to guard or warn of a known dangerous condition that is not an inherent part of the activity, failure to properly maintain structures or equipment used in the activity, a specific fee charged for the activity, and gross negligence.
• Design immunity (Gov. Code 830.6). In some cases, a public entity is not liable for an injury caused by a plan or design of public property that was approved in advance, which can come up in road and pier cases.

These rules are fact-specific. Something that looks like a natural-condition case can turn on a man-made feature, and the opposite is also true.

Private Beach Clubs, Rentals and Businesses

Not every beach injury involves a government agency. Private beach clubs, hotels, restaurants on the sand, vacation rentals, surf schools and equipment rental shops are generally held to California's ordinary-care rule in Civil Code section 1714, which makes people responsible for injuries caused by their lack of ordinary care in managing their property.

A few general points:

• Recreational-use rule. Civil Code section 846 limits a private owner's duty to people who enter for recreation, but the statute has exceptions, including willful or malicious failure to guard or warn, and cases where the owner was paid for entry.
• Waivers. Rental and lesson businesses often have you sign a release. A waiver can matter, but its effect depends on its wording and the facts.
• Short-term rentals. Balconies, stairs, decks, pools and rental equipment at a vacation rental can raise both owner and management company responsibility.

What to Document After a PCH or Beach Injury

Good records help no matter who turns out to be responsible.

• Photos and video of the scene, the road or pier, the condition that hurt you, signs (or the lack of signs), lighting and your injuries
• Exact location, such as the nearest cross street, lifeguard tower number, pier section or mile marker
• Names and contact information of witnesses, lifeguards, staff and other drivers
• Report numbers from police, the CHP, lifeguards or the business
• Medical records and bills from the first visit on
• Receipts and documents such as parking stubs, rental agreements, waivers and tickets
• A short written timeline of what happened, written as soon as you can

Do not go back to repair or move anything, and do not post about the incident on social media.

FAQ

How long do I have to file a claim against the city or state in California?

For a personal injury claim against a California public entity, a written government claim is generally due within six months of the injury under Government Code section 911.2. A late-claim application may be possible within one year, but it is not guaranteed. Acting quickly is the safest approach.

Can I sue Caltrans for a crash on Pacific Coast Highway?

Possibly, if a dangerous condition of the highway helped cause the crash and the other legal requirements are met. You generally must first present a written government claim within six months. Most PCH crashes are handled as claims against the other driver.

Can I sue a California city if I was hurt by a wave or rip current at the beach?

Usually not. California law generally protects public entities from liability for natural conditions of unimproved public property, including beaches, even when lifeguards or signs are provided. Injuries caused by man-made features may be treated differently.

What if I was hurt on a public pier in Southern California?

A pier is a man-made structure, so the dangerous-condition rules in Government Code section 835 may apply if a defect like a broken board or railing caused your injury. The six-month government claim deadline generally applies. Photos of the condition and the exact location are especially important.

Am I covered if I was hurt surfing at a public beach?

Surfing is listed as a hazardous recreational activity under Government Code section 831.7, which generally limits a public entity's liability. There are exceptions, such as failure to warn of a known dangerous condition that is not inherent in the activity or failure to maintain equipment or structures. Each case depends on its facts.

What should I do first after a beach or PCH injury?

Get medical care, then document the scene with photos, exact location, witness names and report numbers. Keep all bills and receipts. Because government claim deadlines can be as short as six months, talk with a California injury lawyer early.

For wills, estate plans, record sealing and other legal paperwork, Frank's flat-fee practice is at signature.law.

Next step

If you were hurt on Pacific Coast Highway, in a beach town or at a Southern California beach or pier, PCH Injury Law can help you understand the deadlines and your options. Visit pchinjurylaw.com or call (310) 299-9PCH, or start at frankstucki.com/start.

Frank Stucki, Esq., MBA is licensed in California, Nevada, Washington and Utah; cases in other states are handled with local co-counsel licensed there.

This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising.

Sources

• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=911.2
• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=911.4
• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=945.6
• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=835
• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=830.6
• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=831.2
• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=831.21
• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=831.7
• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1714
• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=846
• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=335.1