I Got Injured on Public Property, What Should I Do?

June 20, 2024

When someone is injured on private property as a result of the property owner’s negligence, the victim can seek compensation for their losses in a premises liability claim. In the State of California, your rights in relation to being injured on public property are more complex. Under certain circumstances, however, California law permits accident victims like you to bring injury claims against the government agencies that are responsible for the public properties involved, and having the trusted legal counsel of an experienced California premises liability attorney in your corner is always advised.

The Government’s Responsibility 

If you’re injured on someone’s private property, such as someone’s home or a restaurant, the owner is liable for your negligence-based losses, which you can seek compensation for in a premises liability claim, which is a specific kind of personal injury claim.

Most public places in California, however, are the responsibility of the government. And if you’re injured on public property as a result of negligence on the part of the state or local government responsible, the legal mechanics of your premises liability claim will be more complex and more restrictive. Like any personal injury claim, however, you’ll need to prove the other party’s negligence in the matter, and in this case, it’s the government.

The Law in California

Most government agencies are protected from personal injury liability by what is called sovereign immunity. In California, however, you can sue the government if the agency itself or one of its employees was negligent and their negligence was the direct cause of your injuries.

Every property owner, including the government, owes a duty of care to visitors that involves maintaining reasonably safe premises. This responsibility extends to all the following:

If the government fails to live up to this responsibility in terms of roadways, parks, buildings, and beyond, it can be held responsible for an injured party’s losses. You should know, however, that the path forward is more exacting and that the timeframe for filing is more limited, which makes working closely with a savvy premises liability attorney the best practice.

Your Losses

In terms of the losses – or legal damages – you can recover in a premises liability claim against the government; the categories don’t vary from those in claims against private citizens, including:

Discuss Your Claim with an Experienced California Premises Liability Attorney Today

The practiced premises liability attorneys at Bamieh & De Smeth in Ventura and Santa Barbara have a proven track record of successfully defending the legal rights of clients like you in claims against government agencies, and we welcome the opportunity to help you obtain the compensation to which you’re entitled. Learn more by contacting us online or calling us at 805-643-5555 today.