After being injured by an employee of the City of Fresno, take notice that the city is protected by the California Tort Claims Act (CTCA) which covers all civil liability claims for money and damages. A couple of examples of when the CTCA likely applies are if you are injured in an accident that was caused by a City of Fresno truck, or you tripped and fell and broke your wrist on uneven sidewalk pavement slabs. In both cases, you would likely have a civil liability claim for money or damages.
When the City of Fresno Can be Held Liable for the Negligence of its Employees
Pursuant to the law of vicarious liability, the City of Fresno can be held liable for the act or failure to act of an employee under one of the following circumstances:
- The employee was acting in the scope of his or her employment, or
- That employee was working at carrying out a governmental function.
If You’re Injured by an Independent Contractor of the City of Fresno
The same vicarious liability rule applies if you’re injured by an independent contractor of the City of Fresno. This situation is often seen in road repairs or improvements when a contract is awarded to an independent contractor who negligently injures a member of the general public. The claimant must show one of the following:
- The independent contractor was acting within the scope of its duties, or
- It had the authority to carry out the function that it was performing.
Filing a Proper Claim Pursuant to the CTCA
In order to file a personal injury claim against the City of Fresno, the person claiming injury must first give the city notice of their claim within six (6) months of the date that it arose. If you fail to timely complete and properly serve the claim form within the time prescribed, you’ll likely be denied any compensation for your injuries in the future. This is a strict rule, and there are very few exceptions to it. The City of Fresno has its own claim form. If we’re retained to represent you on a timely basis, we can properly complete and serve the form for you.
The 45 Day Rule
You can expect to receive a response to your claim within 45 days. Most claimants don’t even receive one. That operates as a denial. If you don’t receive a response within 45 days, you can file a personal injury lawsuit seeking compensation for your injuries and damages anytime within two (2) years of the date of your accident.
The 6 Month Rule
If you receive notice from the City of Fresno that your claim was rejected in whole or in part, you only have six (6) months from the date of your accident to file your lawsuit.
Contact a Fresno Personal Injury Lawyer
If you believe that you have a personal injury claim against the City of Fresno, it’s extremely important that you contact our Fresno personal injury lawyers as soon as possible after your accident for a free consultation and case evaluation. Upon entering into a retainer agreement with you, our intention is to maximize the proceeds of any settlement or award that you might receive. Indeed, you can fight City Hall. You just need to go about it the right way.