Government Tort Claims in California: Understanding Potential Causes of Action Against Public Entities
Some of the most severe accidents occur on public roads, sidewalks, government buildings, schools, and parks. These cases can become challenging, especially when involving a city or county and its contribution to the accident. Government tort claims are specific limitations on claims involving public entities. Understanding the legal steps to take when dealing with accidents against public entities is crucial to ensuring you are keeping yourself and others around you safe.
What Is a Government Tort Claim?
When individuals file a personal injury lawsuit against the government, it raises a set of challenges that make it difficult for victims to receive compensation for the injuries caused. These strict deadlines and specific procedures make filing a claim against a public entity complicated. Before filing a lawsuit against a government entity, individuals must submit a written administrative claim, acting as a formal notice to that government agency deemed responsible for misconduct or harm. A government tort claim includes the following:
- Cities and municipalities
- Counties
- State departments and agencies
- Public school districts
- Public transportation authorities
- Police and sheriff’s departments
Strict Filing Deadlines
Strict filing deadlines are a key component of a government tort claim. Additionally, in many personal injury cases dealing with public entities, a claim should typically be filed within six months of when the initial incident occurred. This is crucial as it determines whether or not an individual can pursue compensation for the injuries.
Common Causes of Action Against California Government Entities
1. Dangerous Condition of Public Property, causing public entities to be held liable if:
- The property created a significant risk of injury when used with reasonable care
- The agency knew, or reasonably should have known, about the condition
- The agency had sufficient time to repair or warn about it
Examples of these include, but are not limited to, the following:
- Broken sidewalks
- Large potholes
- Missing guardrails
- Malfunctioning traffic signals
- Poor roadway design
- Unsecured construction zones
- Inadequate lighting in public areas
2. Motor Vehicle Accidents Involving Government Employees
- City bus collisions
- Police vehicle crashes
- Fire department vehicle accidents
- County maintenance truck incidents
3. Negligent Roadway Design or Maintenance
- Unsafe curves
- Missing signage
- Obstructed visibility
- Inadequate lane markings
4. Public Employee Negligence
Claims of employee negligence depend on what responsibilities the employee had at the time of the accident. Public employee negligence may occur from the following:
- School staff failing to supervise students
- Improperly secured public facilities
- Negligent maintenance of public buildings
5. Wrongful Death
A wrongful death claim may be valid if a fatality occurred from a dangerous condition or negligent government conduct. Wrongful death cases may arise from the following:
- Roadway hazards
- Public transportation accidents
- Dangerous public infrastructure
- Negligent emergency response situations
Important Limitations and Immunities
Cases involving government entities can become challenging, as there are certain restrictions and limitations that apply. Public entities are usually immune from obtaining accountability for:
- Policy decisions
- Failure to provide police protection
- Certain emergency response actions
- Approved design plans
Practical Steps After an Incident
After an injury involving public property or a government employee, individuals may consider:
- Seeking immediate medical care
- Photographing the location or hazard
- Collecting witness information
- Requesting incident or police reports
- Preserving damaged personal property
- Determining which public agency owns or maintains the location
Why Early Legal Guidance Matters
Seeking the proper legal guidance is crucial to helping victims understand when they can pursue claims against public entities. A legal professional can guide clients through the steps of their case and ensure they can focus on recovering from their injuries. Oftentimes, government tort claims can become a challenging process for victims. It is important to seek legal support to help mitigate the stress and fear that can be caused by these claims. Strict deadlines and procedural rules can require the help of an experienced attorney who will provide support and care.
How KAASS LAW Can Help
At KAASS LAW, we understand the challenges that victims and families face when dealing with injuries that have occurred on public property. KAASS LAW will provide the proper legal support to clients and help them recover from the injuries and damages they have faced. Our experienced personal injury attorneys will evaluate the case, provide support, explain the legal procedures that may apply, and minimize unnecessary stress that clients may feel throughout the process. If you or a loved one has suffered injuries from public properties such as parks or sidewalks, you are not alone. We will review available records, photographs, and witness information, help identify important deadlines, and communicate with insurance companies or public agencies when appropriate. Consulting a legal professional can provide support and care throughout this challenging time for both victims and their families. Call KAASS LAW today to discuss your options and the next steps you can take.