Those who own or manage public property are legally responsible for maintaining it in a reasonably safe manner. These entities are expected to make routine maintenance checks to ensure that dangerous conditions that could cause accidents and injuries are known about and remedied promptly as well as to provide warnings of such conditions to visitors. Where they are negligent in doing so and thus cause preventable injuries to visitors, they may be held liable for a civil claim or lawsuit.
At A. Davies Personal Injury Law, I represent Californians and their families in such legal actions. If you or a loved one has suffered injuries because of an unsafe condition on public property, I can evaluate your accident. After such a review, I can discuss with you your options for pursuing compensation for all of the damages related to your injuries. As noted in the name of my law firm, I do nothing else but engage in representation for injury victims who have suffered due to negligence and wrongdoing by others.
California’s Government Code Section 835 allows public or government entities to be held liable for injuries caused by dangerous conditions on their premises. However, under this law, you will have to meet specific requirements in doing so.
Public properties are any properties dedicated to public use and not owned by private individuals or companies. They are owned and operated by governments, such as cities, towns, counties, states, or the federal government and can include buildings, land, equipment, and more.
These requirements include:
- Establishing that the property was in a dangerous condition at the time of the injury
- Establishing that the injury was “proximately caused” by the dangerous condition
- Establishing that the dangerous condition created a “reasonably foreseeable risk” of the type of injury that you sustained and a. that it was caused by the negligent or wrongful act or omission of an employee of the entity or b. the public entity knew about the dangerous condition in enough time to have taken steps to protect you against the dangerous condition
Contact my firm to schedule a free initial consultation about your case. You can reach A. Davies Personal Injury Law online or at (408) 577-3441 to get started.
Examples of public property can include:
- Streets, roads, highways, and freeways
- Parking lots
- Traffic signs and signals
Examples of dangerous conditions can include but are not limited to:
- Defective road design
- Defective road maintenance
- Broken or missing sidewalks
- Traffic signs/signals obstructed by vegetation, malfunctioning, defaced, or missing
- Defective guardrails
- Missing medians barriers on freeways
The procedure for filing a claim against a public or government entity must be precisely followed. It involves filing a timely “government tort claim.” These must generally be filed no later than six months after the date that the injury or wrongful action occurred. Failure to file such a claim may bar you from forever filing a lawsuit seeking financial compensation for the injuries and damages you have sustained.
Additionally, public property entities may have legal defenses and immunities that keep them from being held liable for certain conditions, actions, or omissions of their employees.
As a Bay Area attorney for dangerous conditions of public property, I can provide you with a free case evaluation to determine whether you have a cause for legal action in these cases, advise you on the steps and timeline involved in making your claim, and take legal action on your behalf in pursuing financial recovery.