A sudden slip and fall on public property in California can be a disorienting and painful experience. Beyond the immediate physical impact, the thought of navigating a legal claim against a government entity can feel overwhelming. But with the right information and legal support, you can pursue the compensation you deserve.
Unlike slip and fall accidents on private property, claims against public entities in California are governed by specific and strict rules under the California Government Claims Act. This isn't meant to discourage you, but rather to empower you with the knowledge to protect your rights.
Here are some crucial tips to keep in mind when filing a claim for slip and fall injuries on public property:
1. Act Swiftly – Time is of the Essence
This is perhaps the most critical difference when dealing with public property claims. While you typically have two years to file a personal injury lawsuit against a private party in California, claims against government entities have a much shorter deadline. You generally have just six months from the date of your injury to file a formal administrative claim with the responsible government agency. Missing this deadline may unfortunately bar you from seeking compensation, so prompt action is essential.
2. Identify the Responsible Public Entity
Determining which government agency is responsible for the property where your fall occurred is a vital first step. Was it a city sidewalk, a county park, a state-owned building, or a public transit facility? The responsible party could be a city, county, state agency, or even a specific district. Sending your claim to the wrong agency can lead to delays or even a dismissal of your case. Don't hesitate to investigate or seek legal guidance to identify the correct entity.
3. Document Everything Thoroughly
After a slip and fall, your immediate priority is your health. Seek medical attention right away, even if your injuries seem minor. Medical records are crucial evidence. Beyond that, diligently document the accident scene and your injuries:
Photographs and Videos: Capture the hazardous condition (e.g., cracked pavement, broken stairs, spilled liquid, poor lighting) from multiple angles. Take photos of your injuries as well.
Witness Information: If anyone saw your fall, get their names and contact information. Their testimony can be invaluable.
Incident Report: If possible, report the incident to the appropriate authority (e.g., city park official, building manager) and request a copy of the incident report.
Keep Records: Maintain a detailed record of all medical appointments, treatments, medications, and any expenses related to your injury. Also, track any lost wages due to your inability to work.
4. Understand the "Dangerous Condition" Standard
To succeed in your claim, you and your lawyer generally need to prove that the public property had a "dangerous condition" that caused your injury, and that the government entity knew or should have known about the danger and failed to take reasonable steps to fix it or warn the public. This often involves demonstrating that the hazard existed for a sufficient period of time for the entity to have discovered and addressed it.
5. The Administrative Claim Process is Mandatory
Before you can file a lawsuit, you must first file a formal written claim with the appropriate government agency. This administrative claim serves as official notice to the government of your intent to seek compensation. The claim form will require specific details about the incident, your injuries, and the damages you've incurred. Errors or omissions in this claim can jeopardize your case. The government entity typically has 45 days to respond to your claim. If they deny it or fail to respond within that timeframe, you then have a limited window (usually six months from the date of denial, or two years from the injury date if no denial is sent––not necessarily received) to file a lawsuit.
Seek Experienced Legal Guidance From an Agoura Hills Slip & Fall Attorney
Navigating the complexities of California's Government Claims Act and proving liability against a public entity can be challenging. Effres & Effres understands the nuances of these cases, the strict deadlines, and the specific requirements for success. We can help you investigate your claim, gather evidence, and ensure your administrative claim is properly filed. We're here to fight for the compensation you deserve for your medical bills, lost wages, pain, and suffering.
The clock is ticking. You need compassionate and authoritative consultation. Contact us today at (818) 222-9720 for a free consultation.