Government Entity Claims [Sidewalk/Road/Other Defects]

Government Entity Claims [Sidewalk/Road/Other Defects]

Injuries caused by Government Entities (State of California, Counties, Cities (municipalities), education districts, etc.) are extremely complicated and have very short timelines to file government claims (6 months), which process is fraught with danger. You should always consult with a lawyer whenever you think government property or management may have been wholly or partially responsible for your injury. Here are some common issues relating to Government Entity claims:

GOVERNMENT CLAIMS MUST BE FILED WITHIN 6 MONTHS:  You must file a government claim under California law within 6 months or lose your right to recover any monies, with very few exceptions. We strongly recommend you contact an attorney immediately if you are ever injured by a government entity (State, County, Municipality, District, Etc.). 

 

The specific law is the California Tort Claims Act. The California Tort Claims Act sets out strict guidelines for filing your claim with a governmental entity. You must file:

Within 6 months of the incident for Personal injury, Damage to personal property, and Wrongful death. If you do not file your claim within this period, you will likely be barred from filing a lawsuit. In some cases, you may be able to ask permission to file a late claim, but these are exceptional cases and you should never hope to evade the 6-month deadline by trying to fall within one of the exceptions.

 

THE GOVERNMENT CLAIMS PROCESS HAS STRICT REQUIREMENTS THAT MUST BE MET OR YOU MAY BE BARRED FROM RECOVERY:  Before you may sue a public entity, you must first file a claim meeting the requirements of the California Tort Claims Act Government Code §§ 810-996.6). This law applies to public entities such as state, county, and local government agencies or departments, as well as to government employees. With very few exceptions, you cannot sue the government for monetary damages unless you have filed a written claim within the legally specified period. Even if you file timely, if the claim is not filled out with particularity, and as required by California law, you may still be barred from filing a lawsuit. Thus, it is very important to retain an attorney if you have been injured by a government entity.

EXAMPLES OF GOVERNMENT LAWSUITS:  Cracked sidewalks, potholes, unmarked construction sites, broken safety railings, defective ramps, compromised roadways, falling tree limbs, car accidents, train collisions, government employee negligence, etc., are just a few examples of dangerous conditions caused by government entities. Each one carries with it unique challenges and a detailed understanding of how government agencies operate maintenance and repairs, as well as how they share or contract out certain aspects of their duties and responsibilities. This usually requires a lawsuit and discovery to fully unveil, as even employees of the government often do not know the full protocols or procedures for failed maintenance and shared responsibilities.

 

THERE ARE FREQUENTLY MULTIPLE GOVERNMENT AGENCIES INVOLVED:  In many cases, there are multiple government agencies involved, as both a public utility and a municipality may own and lease out an area of construction or maintenance that make them jointly and severally liable. This can take a considerable amount of time in many cases to determine who is ultimately responsible, or who shares responsibility, in any given case.

 

THERE ARE FREQUENTLY PRIVATE AND PUBLIC ENTITIES WITH SHARED LIABILITY:  Often there are both private and public entities that share liability. For example, in most sidewalk cases there are municipal codes that require notice from a private owner of the adjacent sidewalk to a crack that caused injury before the city will take responsibility. If there was no notice by the private owner, they may be held liable and indemnify and hold harmless the city by operation of the municipal codes. Each case is different, and your attorney can fashion government claims and a lawsuit against all potential parties to ensure that no one is missed. Child & Jackson has attorneys and legal searches that correctly identify land owners, and business operators to ensure that all government agencies, private businesses, and other entities are fully incorporated into every lawsuit.

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