With plenty of public parks and hiking opportunities, Southern California is a great place to get outside. However, you could have a slip and fall accident on public property, resulting in a serious injury. If you’ve recently become injured while on public property, it’s important to know your rights. The Law Offices of Jacob Emrani have some tips and information about the laws regarding these types of accidents and how a slip and fall lawyer could help you.
Slip and Fall Accidents on Public Property
If you slip and fall on public property in California, the government entity responsible for maintaining the property could be liable for negligence. “Government entity” refers to a city, county, or state agency. If a hazardous condition on the property caused your injury, you must show that the entity knew or should have known about it. You must also be able to prove that the entity failed to take reasonable actions to address it.
Here are some examples of common public property accidents:
- Sidewalks: Cracks, uneven pavement, or potholes on sidewalks located on public property could cause someone to slip and fall, resulting in an injury.
- Parks: Slip-and-fall accidents could occur in public parks with trip hazards like tree roots or debris, or in parks with inadequate lighting.
- Government buildings: Issues like broken steps, slippery floors, or areas with inadequate handrails may cause someone to slip and fall in or around a government building.
- Public transportation: Passengers of public transportation who encounter slippery floors or unsafe platform conditions for buses or trains may be the victims of a slip-and-fall injury.
Legal Considerations for Injuries on Public Property
There are several legal considerations to remember regarding injuries on public property.
Duty of care and statute of limitations
All government entities have a “duty of care” requiring them to maintain public property in a reasonably safe condition. However, in California, a short statute of limitations only allows victims to file a claim approximately six months or less from the date of injury.
Notice of injury
If you’re injured on public property, you must file a formal notice of injury with the government entity within a specific timeframe. This rule is outlined in the California Tort Claims Act.
Proof of negligence
If you file a notice of injury and want to pursue legal action, you must be able to prove that the government entity was negligent in maintaining the property and that this is what directly caused your injury. Make sure you document everything as thoroughly as possible, noting the date, time, location, nature of your injuries, and photos or videos of the scene.
Investigating the Accident and Gathering Evidence
The best way to ensure the success of your slip-and-fall case and claim is to gather as much evidence as possible. Here are some tips to remember as you investigate the accident and gather evidence:
- Get medical assistance: No matter the severity of your injuries, it’s important to get medical help immediately and document all injuries sustained.
- Report the accident: After your accident, notify the property owner or manager and contact the government agency responsible to inform them of what occurred.
- Document everything: Take photos of the accident scene showing specific hazards like a wet floor or cracked sidewalk, and document your injuries through clear, detailed photographs.
- Make a report: You should have the property owner or manager file an accident report and make sure you get an official copy for your records.
Dealing with Government Immunity and Claims Process
The California Tort Claims Act states that certain instances may occur where government immunity is not applied. An injured party can sue the government if they abide by specific rules. Here’s how to deal with government immunity and the injury claims process:
- File on time: All injury reports and claims on public property must be filed within six months of the date of the injury.
- Provide necessary information: Your injury attorney will help you gather all the essential information and assist you with filling out the required forms correctly, along with the correct return address.
- Send your claim to the right place: Your claim must be sent to the person in charge or the clerk of the specific property or government agency, and is considered provided on the date it is mailed.
- Note response times: In California, the government agency has 45 days to respond, but if the claim is mailed, the agency has five more days if the person filing has a California address.
- Dealing with denials: If your claim is denied, you have six months to file a lawsuit, and if you don’t receive a rejection letter, you have two years to file a lawsuit.
Litigation and Settlement in Public Property Slip and Fall Cases
Once you file a claim, the government agency or its insurance company may make a settlement offer. You may choose to participate in mediation if a settlement isn’t reached through negotiation. However, if the settlement or negotiation fails, you may need to file a lawsuit to make sure that your slip and fall lawsuit provides the compensation you deserve.
You may receive compensatory damages to cover medical expenses, lost wages, and pain and suffering in these cases. You may also seek punitive damages in cases of extreme negligence. The amount of money you receive depends on several factors, including the severity of your injuries, the level of negligence proven, and the strength of the evidence you provide.
Collaborating with Experts and Witnesses
If a person or several people witnessed your accident, ask them to provide you with a written statement regarding what they saw. You may also need to collaborate with experts regarding your slip-and-fall case. Examples of experts dealing in these types of cases include premises liability experts, engineers and architects, and safety professionals who analyze safety standards.
Contact The Law Offices of Jacob Emrani Today
If you slip and fall on public property in California, you need a team of legal experts who understand the law. The professionals at The Law Offices of Jacob Emrani can help you win your case and get the most compensation. Call us at (888) 912-7115 to set up your no-cost case evaluation!