No Win, No Fee!

(310)984-3220

FREE CONSULTATION

No Win, No Fee!

(310)984-3220

FREE CONSULTATION

Schedule A Free Consultation

Government Claims
Don’t Hesitate to Reach Our Firm
Are cities or governments liable for injuries on public property

Government Claims

Government Claims

If your personal injury suit involves a claim against a federal, state, or local government entity, or a government employee, you will most likely need to follow strict guidelines in bringing a lawsuit, including the requirement that you file a “notice of claim” within as few as 60 days after your injury. This is because governments and their subdivisions are usually entitled to what is known as “immunity” to liability and lawsuits, meaning that they cannot ordinarily be sued without permission.

Notice of Claim

Notice of Claim

If you are involved in an accident in which a government agency or employee is involved, you should file a notice of claim as soon as possible, regardless of whether the government’s fault is clear at the time.

The claims process differs from state to state, but the purpose of filing a notice of claim is to make the government aware that you suffered an injury, and to give the agency or entity a chance to respond to your contentions before you may file a lawsuit against the government. Your claim will either be accepted (which is rare) or denied by the government (most common). If your claim is denied, you are then free to file a lawsuit and attempt to hold the government liable through the civil court process. It may help to think of the notice of claim-filing requirement as a prerequisite to any formal civil lawsuit that can later be filed against the government.

For specific information about the requirements and procedure for filing a government-related injury claim in your city or state, call or write to the government agency that was involved in the incident. If you are unsure which branch of government may ultimately be responsible (i.e., city, county, or state), it is always best to err on the side of caution and submit a claim to each agency that may be at fault (to any extent) for causing your injuries.

Don’t Hesitate to Reach Our Firm

For the finest personal injury lawyers in Southern California, look no further than the Law Offices of Michael S. Braun. Whether you’ve been involved in a slip and fall case, or you’re considering legal action against the government, it’s wise to reach an experienced attorney for advice. For over 30 years of experience in dealing with personal injury law in California, choose the team with Michael S. Braun.

Have a premises case question? Give us a call for a free consultation: 310-984-3220

Are cities or governments liable for injuries on public property in California?

In California, cities or governments can be held liable for injuries that occur on public property under certain circumstances. The general rule is that public entities enjoy a certain level of immunity from liability, but there are exceptions that allow individuals to pursue claims for injuries sustained on public property. Here are some key points to consider:
  1. Governmental Immunity: Governmental immunity, also known as sovereign immunity, generally protects public entities, including cities and governments, from being held liable for injuries or damages. This immunity is based on the principle that the government should not be subjected to unlimited liability that could hinder its ability to carry out public functions.
  2. Liability Under the California Tort Claims Act: California has enacted the California Tort Claims Act (CTCA), which outlines the circumstances in which a public entity can be held liable for injuries. The CTCA allows individuals to bring claims against public entities for injuries caused by dangerous conditions of public property.
  3. Dangerous Conditions of Public Property: Under the CTCA, a public entity can be held liable if the injury is caused by a dangerous condition on public property. A dangerous condition generally refers to a physical condition that creates a substantial risk of injury when used with reasonable care. Examples may include poorly maintained sidewalks, inadequate lighting, hazardous road conditions, or other dangerous situations that the public entity had notice of or should have reasonably known about.
  4. Notice Requirement: In order to pursue a claim against a public entity, it is typically necessary to provide the public entity with proper notice within a specified time frame. The notice should include details of the incident, the injuries sustained, and the circumstances surrounding the dangerous condition.
  5. Comparative Fault: It’s important to note that California follows a comparative fault system. This means that if the injured party is found partially responsible for their own injuries, their recovery may be reduced based on the percentage of fault attributed to them.
If you’ve been injured on city property due to a dangerous condition call our office to consult with an experienced personal injury attorney who specializes in premises liability or governmental liability cases to assess the specific circumstances of the injury and determine the viability of a claim against a public entity in California. An attorney can provide guidance based on the unique factors of the case and help navigate the complex legal process involved in pursuing a claim against a public entity.
Britney TezinoBritney Tezino
18:12 01 Feb 24
Michael LiuMichael Liu
02:42 14 Apr 23
I had several great experiences with Michael Braun. He is experienced, professional, and a great listener. He is also responsive and you are always able to at least get a hold of a someone at the office to relay an urgent message. Ultimately, the strategy that we worked on together was successful. Highly recommended for at least an initial consultation or second opinion on anything legal one is facing.
Brandy MaciasBrandy Macias
20:19 30 Mar 23
Thank you for such a helpful, professional, and efficient experience! Would highly recommend.
Victorya NamVictorya Nam
19:28 11 Jan 23
Not only was Mr. Braun great, but his assistant Shelley Riganti was super helpful with my mother's case. They were both available for all questions and super friendly as well.
G USA (G USA)G USA (G USA)
21:34 29 Dec 22
Michael is an incredible lawyer, a rare lawyer in his kindness and willingness to work for people. He is extremely helpful and knowledgeable, they are the best lawyers I've ever had the pleasure of working with.From the moment I walked into their office, they're warm and friendly and you get the instant feeling that you're going to be in safe hands with them. I went to him about a matter when someone hit the car from the back, their insurance company was not accepting fault but Michael quickly resolved it for me and my worries quickly disappeared. He was easy to reach whenever I had any additional questions or concerns, and it made me feel like he really cared. and he knew exactly what he was talking about, did not charge me a dime for consultation, and helped me to rest assured on next steps concerning the matter.I feel empowered, informed, and will go out of my way to recommend his firm to you.If you are looking for a good injury lawyer this is the place you can never go wrong.
RommelRommel
18:06 09 Nov 22
Retained Attorney Braun’s firm recently due to an auto accident. Attorney Braun and his staff are true professionals. They did not express to me any unrealistic expectations. In the worst of times they made it stress free. Thank you guys tremendously.
Carlos GomezCarlos Gomez
23:33 16 Aug 20
Overal ExperienceAttorney Michael Braun, and his firm offered a very seamless, and transparent process. Michael Braun, always made himself available, and took the time to answer any questions I had regarding the auto insurance case.NetworkMichael Braun, covered me on every aspect from ensuring my truck, was repaired to the state it was in before getting rear-ended, and most importantly getting me much needed medical treatment through his network.Follow-upsMichael Braun and his office, would always respond back to emails, text, and phone calls within a timely manner. He also ensured to get paper-work sorted with the insurance companies in a timely manner as well.OutcomeIn my case, Attorney Michael Braun, was able to win my insurance claim, and didn't close or request settlement until the doctors and myself declared that I was in a clean bill of health. He never rushed the process but did make sure that nothing seemed out of line.RecommendationBased on my personal experience, I would highly recommend Attorney Michael Braun and his office. If I ever require his services in the future, I will contact him again (hopefully I won't need an attorney), but if I did I would feel confident with his representation.
js_loader

Schedule A Free Consultation

Call
Text