Slip-and-fall accidents on government property can lead to serious injuries. Holding a government entity accountable follows a different process than filing a claim against a private business or individual. Strict deadlines and procedural rules apply, making it essential to understand the steps involved.
Determine eligibility for a claim
A slip-and-fall claim against a government entity must involve negligence. The injured person must prove that a hazardous condition existed and that the government agency knew or should have known about the danger but failed to fix it. Common locations for these accidents include sidewalks, public buildings, and parks.
Follow the notice of claim requirement
In California, government entities have legal protections that require claimants to submit a formal notice of claim before filing a lawsuit. Under the California Tort Claims Act, this notice must include details such as the date, time, and location of the accident, a description of the hazardous condition, and the injuries sustained. Claimants generally have six months from the date of the accident to file the notice with the appropriate government agency.
Wait for a government response
After submitting the notice of claim, the government agency has a set time to investigate and respond. The agency may accept the claim and offer a settlement, deny responsibility, or fail to respond. A denial or lack of response allows the claimant to move forward with a lawsuit.
File a lawsuit if necessary
If the government does not offer fair compensation, the injured party can file a lawsuit. Unlike claims against private parties, these lawsuits often face additional restrictions, including damage caps and stricter procedural rules. Legal representation can help navigate these challenges and increase the chances of a successful outcome.
Navigating a slip-and-fall claim against a government entity can be complex, but understanding the process and acting promptly can make a significant difference. Knowing your rights can help ensure a good outcome.