When you’re injured on public property, it can be challenging to know where to start with a claim. While public entities have a duty to maintain safe environments, there are unique rules and protections that apply to government-owned properties. Here, we’ll cover what qualifies as a claim, key legal distinctions, and the steps you need to take if you’re considering legal action.
What is a Public Property Injury?
Public property injuries are incidents that occur on land or in buildings owned and maintained by a government entity. Common examples include slip-and-fall accidents on sidewalks, injuries in public parks, and accidents in city-run facilities. But even if you’re injured on public property, not every situation qualifies for a claim.
Government property claims have unique criteria, including the concept of “trivial defects” vs. actual defects, notice requirements, and the role of government immunity. Let’s break these down:
Trivial Defects vs. Actual Defects
Not every flaw on public property is grounds for a legal claim. The law recognizes a difference between “trivial defects” and hazards that genuinely pose a risk to the public.
- Trivial Defects: These are minor, usually unavoidable imperfections like small cracks or slight unevenness in sidewalks. Generally, trivial defects are not considered grounds for claims since they are deemed too minor to constitute a hazard.
- Actual Defects: In contrast, actual defects present a clear, substantial danger to the public. Examples include deep potholes, broken steps, and large tree roots causing major sidewalk upheaval. To establish liability, the defect must be significant enough to pose an unreasonable risk.
Determining whether a defect is “trivial” or “actual” can be subjective, so it’s important to consult a legal professional who can assess the specifics of your case.
Government Immunities in Public Property Claims
Government entities enjoy certain legal protections, known as “immunities,” that limit their liability under specific circumstances. Here are some common immunities that may affect a public property injury claim:
- Design Immunity: If a public entity has approved the design of a specific feature (like a stairway or ramp) and the feature adheres to the approved plan, they may be immune from claims related to that design.
- Natural Condition Immunity: Public entities are not liable for injuries resulting from natural conditions on unimproved public land, such as hillsides, trails, or other untouched areas.
These immunities can be complicated, and exceptions do exist. Speaking with an attorney can help you understand how these protections may affect your case.
Notice Requirement: Actual and Constructive Notice
For a government entity to be held liable, they must have known (or should have known) about the dangerous condition. This requirement, known as “notice,” is split into two types:
- Actual Notice: The government was directly aware of the defect through reports, prior complaints, or direct observation by staff.
- Constructive Notice: The government should have known about the issue if it was visible or if regular inspections should have revealed it. For example, if a broken step was clearly visible for weeks without repair, the government may be considered to have constructive notice.
In many cases, proving notice can be essential to winning a claim. If you have any photos, documentation, or evidence that the issue existed prior to your injury, it can strengthen your case.
Government Tort Claim Process
The process for filing a claim against a government entity is different from typical personal injury claims, with strict requirements and deadlines. Here are the general steps:
- File a Tort Claim Form: You must submit a written tort claim to the relevant government entity within six months of the injury date. This form provides details of the injury, the alleged hazardous condition, and the compensation sought.
- Wait for the Government’s Response: After submitting your claim, the government has 45 days to respond. They may accept, deny, or ignore the claim. If ignored, the claim is deemed denied after 45 days.
- File a Civil Lawsuit if Necessary: If the government denies your claim, you can proceed with a civil lawsuit. Typically, you’ll have six months from the denial to file suit, though timelines can vary.
The government tort claim process can be challenging to navigate alone. Missing a deadline or making errors on the tort claim form may result in a loss of your right to sue.
Conclusion: Protecting Your Rights After a Public Property Injury
If you’ve been injured on public property, understanding your rights and the unique legal requirements involved is crucial. Public entities are subject to specific laws and immunities, making these cases more complex than typical personal injury claims. Our team of experienced attorneys can help you navigate this process and determine if you have a valid claim.
Contact Us to Learn More
If you believe you may have a claim for an injury on public property, contact us for a consultation. We’ll guide you through the process and help you understand your rights.
