People who suffer injuries on government property or because of something a government entity did may not know what options they have for seeking compensation. In California, these cases are handled under the California Tort Claims Act.
This act sets the rules for what happens if an individual opts to bring a claim against a government entity. Under normal circumstances, parties are held liable under personal injury law, but it’s handled a little differently when the liable party is the government.
Why are government entities treated differently?
There’s a general expectation that public entities are immune from liability unless the law specifically says otherwise. This act outlines specific circumstances where that immunity doesn’t apply in California. Some examples of situations in which government entities might be sued include:
- Dangerous conditions on public property
- Negligent acts by a public employee when they’re doing their job duties
- Failure to carry out a legally mandated duty
These can include scenarios like a fall on a public sidewalk that’s caused by lax maintenance, car crashes involving government vehicles or crashes with third parties due to a roadway condition. When any covered scenario occurs, the individual must first file a formal claim with the entity. If that’s not handled sufficiently, the victim can move to proceeding with a lawsuit. It’s necessary that each step is handled properly and in order.
Claims filed under this act can be complex since they’re against a government entity, so it’s critical for you to have the assistance of someone familiar with these matters. This is more important because the time to file a formal claim is shorter than the general statute of limitations. Consulting an attorney as soon as possible can help to ensure that strict timelines and procedures are met with a properly prepared case.