Banning Public Property Injury Lawyer
By law, governments must protect their constituents, including ensuring public safety on government property. When they fail to do so, they should be held accountable for putting others’ safety at risk.
Whether you took your kids to a municipal playground or were out for an afternoon stroll on a sidewalk, if you were injured on public property, the government may owe you compensation. Talk to a Banning public property injury lawyer at Walter Clark Legal Group to learn about your options. Our experienced premises liability attorneys could help you pursue the financial recovery you need and deserve.
Public Property Injury Explained
As with commercial or private property owners, the government could be held legally responsible for injuries caused by a “dangerous condition” on public property. Here, “government” includes both state and local governments as well as their subdivisions. Additionally, California law defines a dangerous condition as one that creates a substantial risk of injury even when someone uses the property with appropriate care and in an expected manner.
To prevail on a public property injury claim, a plaintiff must show:
- The government property was in a dangerous condition when the plaintiff was injured
- The dangerous condition created a reasonably foreseeable risk of injury of the kind suffered by the plaintiff
- The plaintiff’s injury resulted from the dangerous condition
The plaintiff must also show that either the negligence of a government employee created the dangerous condition, or the government knew or should have known of the dangerous condition and had the opportunity to address it before the plaintiff’s injury.
This may sound complicated, but a skilled public property injury lawyer has the experience to pursue these cases in Banning. They could guide plaintiffs through the steps of a successful claim and use their investigative skills and legal knowledge to build the strongest case possible.
Common Causes of Public Property Injuries
Governments must properly maintain all types of public property, including:
- Roads and sidewalks
- Public schools
- Playgrounds
- Parks
- Trees and other landscaping
- Government buildings
- Public light fixtures
- Public pools
- Beaches
In any of these areas, a variety of dangerous conditions could lead to injury. Some of the most common causes of public property injuries in California include:
- Poorly maintained sidewalks or potholes
- Missing guardrails
- Dangerous, broken, or worn playground equipment
- Defective, damaged, or insufficient streetlights
- Poorly maintained public pools
- Uncut trees or shrubs that reduce visibility or pose a falling hazard
- Inadequate drainage
However, there are some causes of public property injury that governments and government employees may not be held legally responsible for because they have immunity under the law.
Additionally, claimants may not sue the government for emotional distress (which is distinct from pain and suffering) unless they have also suffered substantial physical injury. A public property injury attorney in Banning could help a claimant determine the proper basis for damages for their case.
How To Bring a Public Property Injury Claim
In California, a plaintiff may not file suit against the government for an injury sustained on public property without first filing an administrative government tort claim under the California Torts Claim Act. This must occur within six months of the date of the injury.
A claimant may petition to file an administrative claim past the deadline, but there is no guarantee of approval. Therefore, to avoid being barred from recovering damages, it is important to file an administrative claim as soon as possible.
The administrative claims process, however, does not resolve most public property injury claims. A Banning public property injury attorney could help navigate the deadlines to file an administrative claim and, if necessary, a subsequent lawsuit in the court system.
File a Public Property Injury Claim With a Banning Attorney Today
Public entities and employees must ensure public safety and may be held accountable when they violate that duty through negligence.
If you have been injured on public property, talk to a Banning public property injury lawyer to determine whether you could claim damages. Rely on our skills and experience to help you get the compensation you deserve. Call Walter Clark Legal Group today to schedule your free initial consultation.
