Property owners have certain duties to visitors and guests to keep their premises reasonably safe and free from hazards, so as to minimize the risk of an accident. When they breach this duty, and a visitor is injured as a result, the owner may be held liable for the injured party’s damages through a personal injury lawsuit based on the legal theory of premises liability.
In California, these claims come up often in cases involving people who were badly injured when they fell in a restaurant, a store or some other privately-owned facility that is open to the public. However, they can also come up in cases involving a person who was injured in an accident on property that is owned by the local, state or federal government.
If a person has been injured on government property, they may want to speak with an attorney to review their options. A premises liability claim against a government agency must follow special procedures and requirements.
Traditionally, it was very difficult to file a lawsuit against the government, but that changed with the implementation of laws such as the California Tort Claims Act. Under this law, there are certain situations in which the government can be held liable for an injury, including slip-and-fall injuries.
Within six months of the injury, a person needs to file a proper notice of claim. The injured person will need to show that the property had a dangerous condition at the time of the accident, the injury was caused by the dangerous condition and that the dangerous condition should have been known and addressed by the public entity. There are stringent requirements that must be followed when a person is injured on property owned by the government.