What Are the Elements Required to Win a Premises Liability Case?
California Civil Code section 1714 outlines the requirements to prove that a defendant is liable for your accident on their premises. The four elements required to win a premises liability case are, therefore, the following:
- The defendant is the rightful owner (or lessee, occupant, etc.) of the property in which the accident took place
- The defendant was negligent in their maintenance of the property
- The plaintiff was harmed
- The defendant’s negligence was a significant factor in causing harm to the plaintiff
What Counts as Government Property?
Government buildings are not the only premises that would fall under the definition of government property. Nearly all public spaces are considered government-owned and, as a result, will require a different claim process than those within privately-owned premises. Some examples of government property include:
- Sidewalks
- Roads and highways
- Public parks and beaches
- Public restrooms
- Government buildings
Considerations For Filing A Lawsuit Against Government Agencies
Which Types Of Injuries Occur Most Often On Public Property?
1. Slips
2. Falls on uneven sidewalks
3. Injuries in poorly lit parks
4. Accidents on unmaintained stairs in courtyards of state buildings
What Evidence Can Be Presented To Strengthen This Claim?
1. Photographs of the accident scene are required.
2. Eyewitness testimonies
3. Medical documents proving the seriousness of your injuries
4. Evidence that the government agency knew of the danger and failed to take action
What is the California Tort Claims Act?
Before the California Tort Claims Act and Federal Tort Claims Act, it was very difficult to sue the government for any premises liability related issues.
These laws established guidelines that allowed people to gain compensation for injuries that occurred on government property. They are very similar to those of a private premises liability cases. The CTCA outlines the elements as follows:
- The government was negligent in maintaining the property
- The plaintiff suffered harm.
- The government’s negligence substantially contributed to the plaintiff’s harm
What Should You Do Immediately After An Incident On Public Property?
First of all, it is important to seek medical attention right away, even if the injury does not appear serious. This is necessary for your health and to document the fact that you have been injured. In addition, you should document the scene of the accident with a photo or video:
1. condition of the sidewalk
2. lack of warning signs
3. puddles
4. debris or any other unsafe conditions.
This video or photo will serve as evidence.
Timely notification of the incident to the government agency. According to the California Tort Claims Act, you must file a written notice within 6 months of the incident. In other words, missing this deadline could completely disqualify you from compensation. In addition, keep in mind that the government may deny your claim on technical grounds. for example:
1. the accident is not accurately described
2. lack of necessary documents
Therefore, it is extremely important to contact a lawyer who will help you prepare a competent claim. Unlike private claims, where you file a complaint in court, cases involving public property first go through the administrative stage. Therefore, patience and accuracy in this procedure play an important role. Even if the insurance company rejected your claim, you can still take the case to court.
How Is the Legal Process Different When the Accident Happened on Government Property?
The main difference in filing a CTCA claim vs. a private claim is that the statute of limitations (amount of time one has to file the claim after the injury) is much shorter. Premises liability claims on private property are typically 2 years, though they can sometimes be longer. In contrast, a CTCA claim requires one to file the claim no later than 6 months after the accident occurred.
After filing a CTCA claim, the government has 45 days to respond, in which they can reject the claim, accept the offer in full, or compromise with the plaintiff in the form of a settlement. They also have the option to reject the claim based on a violation of the time constraints for claims or for a lack of information included in the claim.
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