Maison Law represents anyone that’s injured at businesses and other areas of California. These premises liability cases are always difficult, because it’s likely your injuries were preventable. Unfortunately, though, this can happen anywhere you go in California, including courthouses. If you or a loved one have been hurt at a courthouse and want to know about your legal options, contact us today for a free consultation.
Why Do You Need a Lawyer?
A courthouse operates as many different things: an office building for workers, a business for the government, and a place where you, the taxpayer, can get information and justice. But like anywhere else in California, there’s situations where you could get hurt. At that point, you might be wondering why you would need a lawyer.
The answer is similar to other situations. The less hurt you are, the less help you’ll need. But the more hurt you are, you’re probably going to need a lawyer to help you through the claims process.
Our team of California premises liability lawyers have a great deal of experience in these types of cases. We can help you with:
- Understanding what happened
- Explaining your rights
- Collecting important evidence
- Determining who should pay for your injuries
- Making the legal process easier
The bottom line is that a courthouse and those that operate it have the same duty to you and others that are there. When they fail, and you get hurt, you have legal options.
Who’s Responsible For Accidents and Injuries at a Courthouse?
At first glance, it might be confusing when thinking about responsibility for accidents and injuries that happen at a courthouse. But when you break it down legally, the fact that a courthouse is ultimately a place of business clears things up a bit.
Courthouses are operated and managed by governments (either city, county, state, or federal), meaning that the particular courthouse you’re injured at is going to tell you who is responsible.
Typically, any of the following can hold legal responsibility for an injury on the premises:
- Governments – Most courthouses are owned and maintained by the government. These entities are usually responsible for making sure the safety and maintenance of the courthouse premises.
- Property management – In some cases, courthouses might be managed by private companies under contract with the government. These companies could be responsible for maintaining safe conditions.
- Maintenance workers or contractors – If the accident was due to faulty maintenance, repair work, or construction, the contractors or companies performing these services might be liable. This also applies to security companies and workers if there was negligent security.
- Employees – If an employee’s actions directly caused the injury (e.g., negligence or misconduct), the employee and their employer (the government agency) might be held responsible.
- Third parties – Sometimes, a third party (such as a visitor or vendor) could be responsible if their actions led to the injury.
While any of the following could be liable, it heavily depends on the circumstances. Liability is ultimately going to come down to the details of the incident, including whether there was negligence, what safety measures were in place, and who was responsible for the hazardous condition that caused the injury.
What Types of Accidents and Injuries Can Happen to You at a Courthouse?
Even though it’s a government building and designed and built with taxpayer money, hazards and injury risks are present at courthouses. Most of the time, this includes incidents like:
- Slips and falls – These frequently happen on wet, uneven, or slippery surfaces, causing fractures, sprains, and head injuries.
- Tripping hazards – Wear and tear can lead to tripping on uneven flooring, loose carpets, or cluttered walkways, which results in falls and related injuries.
- Stairway accidents – Poorly maintained, defective, or poorly lit stairs can cause serious falls.
- Elevator and escalator accidents – Malfunctions or maintenance issues can lead to sudden stops, starts, or entrapment injuries.
- Falling objects – Improperly secured items can fall from shelves or ledges, injuring people below.
- Negligent security accidents – Lack of security can result in assaults, thefts, or other violent acts.
- Injuries from doors and windows – Malfunctioning doors or windows can cause injuries if they close unexpectedly or break.
Not surprisingly, these accidents can cause a wide range of injuries, even death. Also, you’re probably looking at multiple of these injuries at the same time. What’s important for you to know is that you have certain legal rights when negligence causes the accident.
What Damages Can You Get in a Courthouse Accident Claim?
Being hurt at a courthouse doesn’t change your ability to file an injury claim to recover “damages” from whoever is responsible. What does change, though, is the actual process. Under the California Tort Claims Act, there’s certain steps for filing a lawsuit against the city, county, or state government that runs the courthouse. The steps are similar for all cases, with slight differences. Here are the required steps:
- Filing a Notice of Claim – The first step is to file a “notice of claim,” which informs the state of the accident, your injuries, and a potential lawsuit. This notice must be filed within six months of the injury.
- Response – After you file your notice, the state has 45 days to respond. If the state outright rejects your claim, you can file your lawsuit in state court immediately. If the state rejects your claim in another way (like verbally in a meeting or through an official email correspondence), you have 60 days from the rejection to file your lawsuit. If the state does not respond, you have two years to file your lawsuit.
Similarly, an injury at a federal courthouse gives you the ability to file a claim against the United States Government under the Federal Torts Claim Act (FTCA).
Once your lawsuit is filed, though, it’s like any other injury claim. A strong claim can help you recover “damages” like:
- Medical expenses and ongoing care needs
- Lost wages or earning potential
- Repair/replacement costs for damaged property
- Pain and suffering
- Emotional distress
- Loss of companionship or quality of life
- Punitive damages, in cases of extreme or intentional negligence
- Wrongful death expenses
Given the slightly different process, it becomes even more important to do what you can to strengthen your claim, especially when you go up against the government in court.
How Can You Protect Your Injury Claim After Getting Hurt at a Courthouse?
The good news, relatively speaking, is that protecting your injury claim after you get hurt at a courthouse isn’t all that different from any other accident scenario. It’s all about prioritizing your health and safety first, then gathering as much information as you can. Luckily, courthouses are usually very busy–meaning there will probably be plenty of witnesses and evidence like security footage. Still, you have to take the rights steps to protect your claim, so you need to:
- Get medical care – Your health is the priority. Call an ambulance for immediate injuries and get further care at a hospital to check for unseen injuries. There will also probably be first aid at the scene, so make sure to take advantage of that.
- Report the accident – Find an employee, staff, or a bystander and tell them what happened. This documents the incident and helps establish liability. A supervisor or management has to then take action to fix the issue.
- Document the scene – Take photos and videos of the accident scene, any hazards, and your injuries. These visuals support your claim and show negligence.
- Be cautious with statements – Be careful when talking to insurance companies or the government’s representatives. Also, keep from posting about the accident on social media.
These steps apply to any injury situation. They protect your health and help you recover damages. But equally as important is having the right legal guidance. Our team will be there to support your claim from start to finish.
Contact Maison Law After a California Courthouse Accident
Facing an accident or injury at a courthouse in California is very unsettling, but not uncommon. You have the same rights as an injury victim in one of these situations as you would in any other premises liability claim, and our team at Maison Law can help you. We’ll stand up for your rights against the government and anybody else that’s responsible. Contact us today for a free consultation to get started.
