Can I File a Premises Liability Lawsuit Against the Government?

Common premises liability claims against government entities involve slips and falls. People can injure themselves in a fall accident by tripping in a public building or on an uneven public sidewalk. Issues with dangerous intersections on public roads are also common in premises liability cases against governmental entities.  

If you find yourself or a loved one injured due to a government entity’s negligence, understanding the legal hurdles involved in seeking compensation from a government agency is essential. A premises liability lawyer can help you through the required procedural steps in a personal injury claim for injuries sustained on government property.

What Is Premises Liability?

Property owners must maintain a safe environment for visitors to their property so they can avoid injuries. This responsibility is premises liability. It holds that property owners are responsible for injuries occurring on their property in certain circumstances.

Premises liability cases are a type of personal injury law. You can seek damages for:

• Personal injuries, including medical bills
• Loss of income
• Any other losses related to the accident

To recover damages, you must prove that the property owner was liable for your injuries. You must demonstrate that the property owner failed to keep the property in a safe condition.

Like premises liability cases against private parties, you must prove your case. However, filing suit against governmental entities has specific liability rules and procedural requirements.

Government Entities and Sovereign Immunity

Sovereign immunity is a principle that traditionally held that governmental bodies were immune from lawsuits. They could not get sued or be liable in lawsuits. Over time, this principle has loosened.

Now, state and federal governments have reduced sovereign immunity, allowing plaintiffs to hold governmental entities liable with limitations. Different laws apply to federal, state, municipalities, and other local governments.

The Federal Tort Claims Act

Congress enacted the Federal Tort Claims Act (FTCA) to allow you to recover compensation against the federal government for a federal government employee’s negligence causing:

• Personal injury
• Wrongful death
• Property damage

Premises liability claims fall within this statute. Before enacting FTCA, the federal government (or federal employees) could not be sued for negligence in personal injury cases unless Congress explicitly authorized it.

The FTCA limits the amount of damages available in a personal injury lawsuit. For example, the FTCA provides an avenue for an administrative claim and bars injured parties from collecting punitive damages from federal agencies.

If a federal government independent contractor caused your injury during the scope of their employment, the government might be liable for their negligence.

State law where the act occurred determines the government’s liability for the dangerous condition that caused your injury. However, the FTCA governs the procedure for pursuing a claim. Under the FTCA, you must write your claim within two years after it becomes known. You must submit a claim to bring a lawsuit against the federal government.

Standards Used by State and Local Governments

Some state immunity laws require the government to exercise the same level of care that a private person would owe a licensee on private property.

Most states have adopted an ordinary care standard for actions between private parties. Some states create different standards based on the particular type of defect at issue.

When a case involves a “special defect,” several states limit government immunity. A special defect presents an unusual and unexpected danger. It’s a defect that’s more dangerous than most.

Types of Claims Against Government Entities

Types of claims against a state or federal agency can be similar to other premises liability cases. They can include claims involving:

• Slip and falls on government property
• Negligent security
• Elevator accidents
• Hazards from roadway design or construction
• Defective stairways
• Motor vehicle accidents

Whether you’ve been injured on government or private property, you must show that your accident resulted from the property owner’s negligence. But when bringing a claim against a governmental injury, your claim will be more complicated due to the special procedural requirements involved in such cases.

Procedural Steps for Filing a Claim

Filing a claim against the state government or federal government usually requires the injured person to comply with notice requirements.

This usually involves submitting a formal notice of claim to the correct governmental entity. It’s typically a form asking for basic information about the claim, including:

• Name
• Address
• Date of injury
• Description of the accident that caused the injury
• Description of the injuries
• List of medical bills
• Description of all other financial losses caused by the injury, including pain and suffering

You must submit the notice of claim to the correct entity. If you don’t, you could lose the ability to bring your case. Each state’s particular requirements can differ. It’s best to work with an experienced personal injury lawyer who can help with the process and procedures.

Statutes of Limitations for Government Claims

Strict time limits govern premises liability cases against a governmental entity. The notice of claim gives you less time to seek damages than a statute of limitations.

For example, in California, you typically have two years to file a premises liability lawsuit. But if you’re hurt on property owned by the government, you only have six months to file a claim. It’s critical to know the deadlines for a notice of claim and the relevant statute of limitations.

The Importance of Legal Representation

If you or a loved one sustained injuries on government property, special procedural requirements could serve as a trap. Getting legal advice from an experienced lawyer is critical. Establishing an attorney-client relationship with a premises liability lawyer in your area can ensure your interests are best served. They can help you meet all procedural requirements and ensure the protection of your legal rights.