Can I Sue a Public Employee or Government Entity in CA?October 5, 2022
Suing the government can be really tricky, but it can be done. First of all, what is the government? Are you talking about a county, school district, district attorney's office, or judge? The last two you can't sue because they are protected by governmental immunity or sovereign immunity. Basically, if you're a public official or a public employee, you may not be able to be sued at all.
However, there are things that allow you to sue the government. For instance, here at Bamieh & De Smeth, our CA personal injury attorneys have sued school districts for their employees’ negligent actions. Negligence means they have fallen outside of the standard of care of somebody else in their job that was doing their job properly. They messed up. So that's one way in which you can sue the government under the California Tort Claims Act (CTCA).
What Exactly is The California Tort Claims Act?
If a government employee or agency caused or contributed to an accident that left you injured, you can file a claim against the government under the California Tort Claims Act. But you must follow specific requirements before you can file your claim. The act also comes with limited exceptions that enable the state to face liability for injuries. For these exceptions, you must also follow a specific claims procedure for you to recover damages for your accident-related damages and expenses.
Under the act, injured victims can hold the government liable for their personal injury losses in the following situations:
- When a government employee or independent contractor’s negligent actions caused you injury
- When a dangerous condition on government property led to your injury
- When you suffer damages because a government entity failed to perform their legal duty
It is crucial to note that the defendant in a claim based on the CTCA is the government agency or entity responsible for the property, employee, or performing the legal duty. The act also applies to local, county, and state government departments and agencies, including municipality or city entities.
Consult With a Top CA Personal Injury Attorney Right Away
The CA personal injury attorneys of Bamieh & De Smeth sue the government all of the time. A lot of law firms don't. The reason it's important that you talk to a law firm that does sue the government is because government employees, public officials, public employers, counties, and school districts have immunities.
Additionally, they also have strict deadlines for bringing a claim. Usually, you must give the government notice within six months of when you were injured. If you don't give the government notice within six months of your injury, you may be prohibited from bringing your claim at all. So, it's important that you talk to an attorney right away if somebody who is working for the government or in a public position injured you.
Our office handles these cases in Ventura and Santa Barbara counties, and we're happy to talk to you. Please dial 805-643-5555 or contact us online to set up your free consultation with our CA personal injury attorney.