Los Angeles is the second-largest city in America, ethnically diverse, and home to the rich and famous. Unfortunately, Los Angeles is also known for bad traffic and poor road conditions.
Any injuries on public property warrant a claim against the government entity to recover compensation for the damages. However, filing claims and pursuing legal action against government entities is more challenging than you think.
At Ehline Law, our personal injury attorneys are fully dedicated to aggressively pursuing justice for injured victims. If you suffered injuries on public property or because of one, you might be entitled to compensation, so speak to our attorneys about your case today.
Los Angeles’ Roads are Among Some of the Worst
TRIP conducted a study on urban areas across the United States with a minimum population of over 500,000 to determine the condition of the roads. The study’s findings revealed that Los Angeles roads are among some of the worst in the nation. More than 57% of the roads in the Los Angeles-Long Beach metropolitan area were in deplorable condition, ranking the area third in terms of the worst roads. San Francisco (71%) and San Jose (64%) take the lead with the worst road conditions in the nation.
California Premises Liability Law
The premises liability law financially protects individuals suffering injuries on a property in California. Premises Liability laws require property owners to provide a safe environment for all of their occupants and guests. The property owner is responsible for ensuring safety and removing all potential hazards.
Los Angeles Premises Liability Case Goals
The idea is to obtain windfall compensation. Injured victims can hold property owners responsible for any damages incurred on the property due to the property owner’s negligence by pursuing premises liability claims.
But what if a person suffers injuries on public property or a road due to dangerous conditions? What if the private property owner won’t cooperate with the insurance company? Maybe you should form an attorney-client relationship with a personal injury attorney to sue for a dangerous condition.
Examples of Dangerous Property Conditions for Property Owners
Dangerous conditions on property or roads can cause accidents resulting in severe injuries. Some the examples of dangerous conditions include:
- Faulty road designs.
- Improper or lack of road maintenance by a government agency.
- Potholes, uneven surfaces, and sunken roads.
- Missing, broken, and defective sidewalks.
- Faulty guardrails.
- Vegetation growth reduces warning sign visibility.
- Faulty drainage affects roadways negatively.
Some common premises liability claims include poor security, lack of maintenance, slip and fall hazards, and more. When you file your personal injury lawsuit, you will learn more about the business owner and past similar cases during discovery. Even confidential or sensitive information can be reviewed in camera (privately, in the judge’s chambers). Evidence like this tends to show if you were exposed to unreasonable risk by the person with responsibility for stopping the hazard.
Can You Hold the Government Property Owner Responsible for Dangerous Conditions?
According to California Government Code 830, the three most important elements are as follows:
- Dangerous conditions refer to the risk of injury created by the condition of a building or property that a person uses with due care.
- Property owners must protect their occupants or guests against dangerous conditions by making necessary repairs and changes, providing safeguards, or even warning signs.
- “Property of a public entity” refers to all the properties owned or controlled by a public entity, excluding easements, encroachments, and other property on a public entity’s property.
Sovereign Immunity and a Personal Injury Claim Against the Government
The British common law first introduced the principle of sovereign immunity that barred the average citizen from suing the king for foreseeable harm. The United States federal government quickly implemented the law on their lands, with some state and local governments shielding themselves behind sovereign immunity.
Fortunately, in 1946, the US government introduced the Federal Tort Claims Act, which allowed private citizens to pursue legal action against federal government employees for negligence, wrongdoings, and even omissions from their roles and responsibilities.
The California Federal Tort Claims Act is a state law that allows Californian citizens to take legal action against the federal government’s employees. Homeowners and employees cannot sue the government for financial damage unless they’ve provided a written claim within the deadlines mentioned under the statute of limitations or Tort Claims Act guidelines, which is often less than two years.
Statute of Limitations for Premises Liability Claims
When pursuing claims against the government for injuries due to a dangerous condition, there is a specific time limit for filing a liability claim within.
Some of the rules for filing a claim against the government include the following:
- Victims must file a claim within six months of the incident for any personal injury, personal property damage, or wrongful death.
- Victims must file a claim within one year of the incident for any contract breach, real property damage, and equitable estoppel.
It is crucial to understand that failing to file a claim within these deadlines will automatically disqualify you from taking any legal action against the government entity.
There may be some conditions that are out of your control, resulting in delays in filing claims, and the following reasons are the only exceptions to late filings:
- The claimant was a minority during the period of the claim.
- The claimant is physically or mentally challenged.
- The claimant dies.
Speaking to premises liability attorneys can help guide you better through the claims process and your legal options for any premises liability accident due to dangerous property conditions. Premises liability cases are often challenging to win as the attorney must prove that the property owner was negligent and that they were aware of the potential hazards and didn’t take any measures.
Schedule a Free Consultation with a Premises Liability Lawyer
If you suffered injuries on someone else’s property due to their negligence, wrongdoing, or work omissions, contact us at (213) 596-9642 for a free consultation with Ehline Law’s premises liability lawyers.
Our attorneys understand the ins and outs of a premises liability lawsuit and can help investigate your case, gather evidence, and hold the responsible party accountable for your loss. For more information, contact us now or visit our law offices.