Who is Liable for a Personal Injury on Public Property?

When speaking about public property, you will generally find people referring to property owned by government agencies. This can include federal, state, or local municipal agencies and stretches beyond the typical places you would think, such as courthouses, government buildings, offices, and more. This can also include public parks, streets, sidewalks, and any other area controlled or managed by government agencies or other officials.

But if an injury occurs on private property, it’s important to understand who can be helped by them as well as the extra steps involved in filing claims against government agencies in California.

Who Could Be Liable for These Injuries?

Determining liability for a personal injury on public property can be complex, as it involves identifying the entity responsible for maintaining and managing the property where the injury occurred. Some potentially liable parties include:

• Federal Government. If the injury occurs on property owned and maintained by a federal agency, such as a national park or a federal building, the federal government may be liable.
• State Government. For injuries on state-owned property, such as state parks, highways, or government buildings, the state government could be held responsible.
• Local Municipalities. City or county governments may be liable for injuries occurring on local property, including city parks, public schools, streets, and sidewalks.
• Public Employees. In some cases, the negligence of a public employee, such as a maintenance worker or government official, can lead to liability for the public entity that employs them.

The California Tort Claims Act and What It Means for Your Case

The California Tort Claims Act (CTCA) governs how claims against government entities are handled. This Act lays out specific procedures and requirements for filing a claim, which differ significantly from those in claims against private parties.

Filing a Claim Under the CTCA

1. Notice of Claim. Before filing a lawsuit, an injured party must first file a “Notice of Claim” with the appropriate government entity. This notice must be submitted within six months of the date of the injury. The notice should include details about the injury, how it occurred, and the damages being claimed.
2. Government Response. After receiving the notice, the government entity has 45 days to respond. They may accept the claim, deny it, or offer a settlement. If the government does not respond within this timeframe, the claim is considered denied by default.
3. Filing a Lawsuit. If the claim is denied, the injured party has six months from the date of the denial to file a lawsuit in court. If no response is received, the injured party has two years from the date of the injury to file a lawsuit.

Exceptions and Special Considerations

• Late Claims. In some cases, a late claim may be allowed if the claimant can demonstrate a valid reason for the delay, such as being incapacitated due to the injury. However, this is granted on a case-by-case basis and is not guaranteed.
• Public Employee Immunity. Certain public employees may have immunity from lawsuits depending on their actions and the scope of their employment. This can complicate the process of establishing liability and pursuing compensation.

Proving Liability in Public Property Injury Cases

To successfully claim compensation for an injury on public property, it is essential to prove that the government entity or its employees were negligent. This involves demonstrating the following:

1. Duty of Care. The government entity had a legal duty to maintain the property they control in a reasonably safe condition.
2. Breach of Duty. The entity failed to fulfill this duty, such as by not repairing a known hazard or not warning the public of potential dangers.
3. Causation. The breach of duty directly caused the victim’s injury. This means showing a clear link between the entity’s negligence and the harm suffered.
4. Damages. The injury resulted in actual damages, such as medical bills, lost current and future wages, pain and suffering, and other related costs.

Gathering Evidence to Support Your Claim

Building a strong case requires thorough documentation and evidence. Here are key steps to take:

• Document the Scene. Take photographs or videos of the accident scene, capturing any hazardous conditions that contributed to the injury.
• Collect Witness Statements. Gather contact information and statements from any witnesses who saw the incident or can testify to the hazardous condition.
• Obtain Medical Records. Keep detailed medical records of the injury and treatment received. These records are crucial for proving the extent of the harm and associated costs.
• File Incident Reports. Report the injury to the relevant government entity and obtain a copy of any incident report filed.

After you follow these steps, contact a personal injury attorney in Orange County for help securing compensation for your injury.