Suing a government entity is not the same as suing an individual or even a company. These claims can present a number of obstacles, which, in many cases, are unique. To illustrate this, it helps to look at an example of a common case of this type that may be brought against a government entity: Injuries due to a dangerous condition.
The most common claim we bring against government entities are claims for injuries due to a dangerous condition within public property. The conditions a plaintiff must prove are outlined in California Government Code Section 835, which states all the following:
- The government entity owns or controls the property at issue.
- The subject property was in a dangerous condition at the time of the accident.
- The dangerous condition created a reasonably foreseeable risk of the kind of injury which occurred.
- The condition was created by a negligent or wrongful act or omission of an employee within the course and scope of employment.
OR
- The entity had actual or constructive notice of the condition in a reasonable amount of time to have taken preventive measures.
Public or Private Property
When you are injured in or on any property due to its condition, it is important to understand who owns or controls that property. There are some no brainers, such as public roads, which are always owned and controlled by a government entity. However, your personal injury lawyer will still need to determine whether the road where your injury occurred is the responsibility of the city, county or state. Alternatively, business premises or a piece of land that appears to be private property can, in fact, be operated by a government entity.
The bottom line: When it comes to suing a government entity, it is important to have a lawyer on your side who won?t waste time. Remember, knowing who owns or controls a property is only the first element involved in suing a government entity. You only have six months in which to file a claim, so determining the correct entity is a time-sensitive issue.
Property Condition
There are also a number of unique issues that may arise when suing a government entity that relate to the condition of the property. Again, many of these issues are due to who controls the property. Time also comes into play as a factor. When you consider the condition of the property being conducive to an accident as only one of the elements you must satisfy, it begins to become clear that suing a government entity is not as clear cut as suing an individual or small business owner.
Not all personal injury lawyers have the experience or knowledge needed to represent clients suing a government entity. The most unique challenge you will face is finding a lawyer who understands how to quickly establish responsibility and to overcome the barriers standing between you and fair compensation.
Maison Law specializes in providing representation to clients with unique circumstances. Call today if you believe your accident occurred on property owned or controlled by a government entity.
