Holding Private Property Owners And Government Agencies Responsible For Your Injuries

Whether your accident happened on public property or at someone’s private business, you have options to obtain compensation for your injuries. However, the rules for filing a personal injury claim against a government entity are different and requires the assistance of an experienced attorney to help you succeed.

At the Law Offices of Eric Hershler, we can help you get the recovery you need to move forward. Our founding attorney has over 35 years of experience assisting clients in the Los Angeles area. We understand how overwhelming it can be to consider filing a personal injury lawsuit, especially when you need to focus on recovering from your injury. When you work with us, we will help you shoulder that burden so that you can get the help you need.

Understanding The Claims Process Against A Government Entity

While the California Tort Claims Act shields government agencies from tort claims, an injured party can still file a claim under certain California statutes. For example, Section 835 of the California Government Code holds public entities liable for injuries caused by dangerous conditions on government property.

To succeed on a claim under this statute, you must prove that:

• At the time of the injury, the property was in a dangerous condition
• The dangerous condition caused the injury
• The risk of that injury was a reasonably foreseeable consequence of the dangerous condition

You must also prove that either the government entity had actual or constructive notice of the dangerous condition or an employee created the condition by a negligent or wrongful act in the scope of their employment. Having actual notice means that the entity knew of the dangerous condition. Constructive notice means that they should have reasonably discovered the dangerous condition.

To file a claim against a government agency, you must submit a notice of claim that gives the government 45 days to investigate and respond. The government will either reject the claim, approve it in whole or in part, and offer you a settlement or request additional information. When a claim is rejected, you can file a civil lawsuit against the entity. However, you must file a suit within six months from the date you received notice of the claim rejection. If the government fails to respond, you have two years from the date of the accident to file a claim.

Filing A Claim Against A Private Property Owner

Property owners in California owe a duty of care to visitors. When an owner breaches this duty and someone gets hurt, the injured party can hold the owner liable by filing a premises liability lawsuit. To prove that a property owner breached their duty of care, you must show that they knew or should have known about the dangerous condition, they failed to make the condition safe or warn visitors and the condition caused an injury. In California, you have two years after the date of the accident or two years from when you noticed the injury to file a premises liability lawsuit.

Let Us Help You Maximize Your Recovery

After suffering an injury on private or public property, you do not have time to waste. The sooner you contact an experienced premises liability attorney, the better chance you have at maximizing your recovery. Call us today to schedule a free initial consultation at 424-432-5084 or fill out our online contact form to get in touch with us. We never charge a fee unless we win compensation for you.