Holding the government liable for dangerous conditions
If you are injured on public property because of dangerous conditions, your Los Angeles government injury claim lawyer, who understands the complexity of these matters, might bring a claim under California Government Code § 830 (2017).
As used in this chapter:
(a) “Dangerous condition” means a condition of property that creates a substantial (as distinguished from a minor, trivial or insignificant) risk of injury when such property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it will be used.
(b) “Protect against” includes repairing, remedying or correcting a dangerous condition, providing safeguards against a dangerous condition, or warning of a dangerous condition.
(c) “Property of a public entity” and “public property” mean real or personal property owned or controlled by the public entity, but do not include easements, encroachments and other property that are located on the property of the public entity but are not owned or controlled by the public entity. (Added by Stats. 1963, Ch. 1681.)
What is sovereign immunity?
Sovereign immunity is a legal principle that harkens back to British common law, which held that private citizens could not sue the king. This idea seems to have been retained by the federal government, and some state and local governments also shielded themselves behind the idea of being impervious to lawsuits. But in 1946, the U.S. Congress enacted the Federal Tort Claims Act, which provided a venue for private citizens to file personal injury claims. The California Tort Claims Act (Government Code §§ 810-996.6) was the state of California's law that would allow private citizens to sue a public entity.
Statute of limitations for filing a claim against the government
There are strict time limits for filing a claim against a government entity. The Sacramento County Law Library has published a guide to filing claims against the government. It reports that a plaintiff must file within six months of the injury for:
- Personal injury
- Damage to personal property
- Wrongful death
If your claim is not filed within the appropriate time limit, you will be barred from pursuing a lawsuit. Ask your Los Angeles government tort claim lawyer about the process for filing a late claim.
Examples of dangerous conditions that can lead to injuries, property damage or wrongful death
Some examples of dangerous conditions that could lead to serious injuries include:
- Defective road design
- Uneven road surfaces
- Potholes and sunken road surfaces
- Defective road maintenance
- Blind curves
- Missing sidewalks
- Broken sidewalks
- Defective guardrails
- Overgrowth of vegetation obstructing signs
- Defective drainage causing ponding on roadways
What types of recovery are available in a government claim for dangerous conditions?
If we have been able to successfully prove that the government is liable for the injuries you sustained because of a dangerous condition, there are several types of damages that you may be able to recover depending on the facts of your case, including:
- Medical costs for past, present and future medical care related to the injury
- Compensation for the time you lost at work
- Disability or diminished earning capacity
- Pain and suffering
- Emotional distress
- Other losses
Every case is different and will require its own investigation and review of the facts.
McNicholas & McNicholas, LLP was founded by a family of attorneys spanning three generations. With more than 30 years of legal experience, our Los Angeles government injury claim attorneys are committed to recovering fair compensation for our clients even when the defendant is the state or federal government.
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