Who is Responsible for a Slip and Fall Accident on Public Property?
You can file a claim against a government entity for a slip and fall, but the process is complicated.
Slip and fall accidents on public property happen in a number of ways. Perhaps you tripped on a broken sidewalk. Or maybe you slipped on a spill in a public library and sustained serious injuries. You can hold the City of Murrieta liable for paying damages for your injuries. However, these claims are filled with legal complexities and claiming compensation is more difficult than it is with other types of personal injury cases. When filing a claim against the city, it is important that you work with a Murrieta slip and fall lawyer.
Sovereign Immunity in Slip and Fall Claims
Sovereign immunity is a legal principle that protects federal, state, and municipal government agencies from personal injury lawsuits. In most cases, this means that when a government agency or a government employee is negligent and causes an accident that results in injury, they cannot be sued.
California law does outline some exceptions to the sovereign immunity rule and they are quite specific. These exceptions include:
- When individuals are hurt by the municipality’s negligent maintenance of a property, such as a broken city sidewalk
- When individuals are hurt by a negligent city employee, such as a careless city bus driver
- When a negligent school district injures a child or violates their rights
Requirements When Filing a Lawsuit Against the City
Before you can file a lawsuit against any government body, you must first file a notice with the agency that is liable for your injuries. This notice provides the government agency with the opportunity to correct the hazardous condition, settle the case, and time to investigate the slip and fall so the agency can start preparing their defense. You must file your notice with the liable agency within six months of the accident.
If you do not file a notice within six months of your slip and fall, you will likely be prohibited from suing the government agency and will not be able to collect damages. There are no exceptions to this. Even if you do not think you will sue the government agency, you should still file a notice of claim. By doing so, you protect yourself in the event that you decide in the future that you would like to file a claim.
Our Slip and Fall Lawyers in Murrieta Can Help With Your Claim
If you have been hurt in a slip and fall on public property, you do have legal options. At Gibbs & Fuerst, LLP, our Murrieta slip and fall lawyers have the necessary experience filing claims against the government so you and your claim are protected and can claim the full compensation you are entitled to. Call us now at 951-816-3435 or fill out our online form to schedule a free initial consultation with one of our skilled attorneys and to learn more about how we can help with your case.