If You Suffered An Accident in a Public Area in Southern California, Can You Sue The Government?

Accidents in San Diego and surrounding counties do not occur only on private property. People can get hurt on defective sidewalks or by using poorly maintained facilities in parks. A motorcyclist can get killed running over a pothole. Deficient roadwork markings or a slippery floor in a county building can lead to severe injuries.

If you or a loved one has been hurt in a public place or government building in Southern California, caused by the negligence or carelessness of the government, you may need strong legal support to file your claim under the Federal Tort Claims Act (FTCA).

Present day government entities do not enjoy the privileges of kings and rulers who were effectively sheltered from any suit under the legal doctrine called Sovereign Immunity. It is only since 1945 that Congress has significantly reduced the sovereign immunity of the federal government with the Federal Tort Claims Act. All states eventually approved varying legislation modeled on the FTCA.

As a consequence, you will now be able to sue the government if you can prove:

  • that the accident was caused by the negligence of a government employee (in the broad sense) acting within the scope of his or her authority
  • that the government had a duty towards the injured person
  • and that this duty was breached by a dangerous situation, which the government knew or should have known.

There are, however, limits to the government's liability, the most important being the discretionary function exception

Furthermore, claims filed are solely to be prosecuted under the FTCA legal framework, which is quite different than a suit brought against a private company or individual.

Why would you talk to Mark C. Blane about your Southern California accident due to the negligence of someone else?

Every case is unique in its complexity and gravity. You may have suffered soft tissue injuries or spinal cord damage. The responsibility may lay with a private person or a large corporation; the liability could be disputed between the owner and the occupier; the defendant could be an insurance company or the state; the causation of the accident could be obvious or may require a thorough investigation. 

In all these circumstances, Mark Blane will personally follow your case and dedicate talent and experience to the vigorous defense of your rights. The accomplished and skilled attorneys of the Law Office of Mark C. Blane in San Diego have handled hundreds of premises liability cases since 1999, offering invaluable support to victims of accidents caused by negligent owners or occupiers.

Don't hesitate to call Mark Blane now at 888-845-6269 or send us an e-mail for a free, no obligation consultation. Remember there are no fees for our legal services until we win your case, so call us today. Hablamos Español.