California Slip & Falls on Government Property - Special Legal Rules Apply!

Special Government Legal Rules with Premise Liability Accidents (Slip and Falls, etc.)

In California, when a slip and fall injury accident occurs on government property, special legal rules apply. Some examples of government property include public parks, city sidewalks, federal buildings, state buildings, military out posts or military shopping centers, public transportation property, and city buses or other similar public or common carrier transports. The federal, California state government, or city government may bear the legal responsibility for personal injuries incurred on the premises (land or area). Some slip and fall cases  may also be covered by either the Federal Tort Claims Act or by other similar state tort claims acts, and you must not forget that certain strict timeframes apply and legal action must be brought within those strict time frames. For example, if you had a slip and fall accident and the at-fault party was a private party or entity, then you would have up to two years from the date of the accident to either settle your injury case, or file a lawsuit to protect your legal rights. However, with a slip and fall or any premise liability injury on government property in California, this time frame can be as short as six (6) months!

What you Have to Prove to Sue the Government in your Slip & Fall Case

The Federal Tort Claims Act (FTCA) has been adopted in California. As a consequence, you will now be able to sue the government if you can prove:

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

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. So as you can see, it can be quite complicated - also different rules apply within the above context in terms of time frames. I have had different statute of limitations with government claims that range as short as 6 months to 2 years! Each case is different and you need good legal counsel!

 
If you have been injured in California in a slip and fall accident and it occurred on what you believe to be government property, or you are just not sure, then give me a call for a free and private legal consult at (619) 813-7955 - or you can grab my FREE book on California slip and fall injuries for more information located on this website!
 

Blog for Slip & Fall Accidents in California

• Work Place Slip & Falls by San Diego Premise Liability Lawyer Mark Blane

  Description: However, workplace slip and fall accidents are rarely litigated because of California workers’ compensation protection laws under the California labor code...

• San Diego Slip & Falls at Construction Sites by Attorney Mark C. Blane

  Description: Slip & falls at construction sites account for more than 68,000.00 injury claims each year and at least 100 of them are fatalities. These accidents may involve

• Business Owner's Failure to Inspect for Hazards | Slip & Fall in San Diego

  Description: Cluttered aisles in a California retail store can be a major problem for the owner. I have been to some retail stores and noticed that merchandise tend to get picked up by customers and placed on the floor. One such store is the Ross Dress for Less stores.

• Sweep Logs | Establishing Notice of a Store Owner on a CA Slip & Fall Case

  Description: The law in California has clearly established the business owner's duty to inspect, maintain and make safe the business premises; especially if any hazard or defect is found on the premises. This is to protect the public, patrons, or customers from any potential slip and fall accidents.

• Three Ingredients to a San Diego Slip and Fall Injury: Shoes, Floor & Person

  Description: Whenever you are dealing with a California slip and fall injury accident, you always have the same three ingredients: the victim's shoes, the floor, and the person (slip and fall victim). The injured person needs to be able to narrow down the causes or issues of the accident in concise terms.

• Supermarket or Retail Store Duty in a San Diego Slip and Fall Case

  Description: The supermarket or retail store has a duty to maintain its premises in a such a manner that it does not create an unreasonable risk of harm to the patrons or customers. It must, under California law, exercise ordinary due care under the circumstances of the slip and fall to minimize the commonly occurring slipping hazards (which caused the fall in the first place!).

• The Notice Element in a San Diego Slip and Fall Injury Case | What to Know

  Description: The Notice evidentiary element is by far the most critical element in a San Diego slip and fall injury case that needs to be established as soon as possible in a case. Without the crucial notice evidence, there is very little hope of success for a slip and fall victim.

• Absence of a Hazard in a California Slip & Fall Injury Case | San Diego Firm

  Description: On occasion, a California slip and fall accident and injury can occur when there is no obvious hazard; the floor is dry and clean, free of any dangerous debris. Usually, slip and fall victims of this type of injury fall allege the floor was so dangerous due to it being over polished and shiny.

• Control of the Premises in a Slip and Fall Injury Case | San Diego Injury Firm

  Description: Since duty in a slip and fall negligence case attaches to the management of the property where the slip and fall occurred, an issue will arise as to the control of the premises. A landlord may have control over the common areas of an apartment complex, but not over the interior of individual dwelling units. In the same context, the tenant of an apartment building will not have control over the common areas of the apartment building. Thus, in the analysis of a San Diego slip and fall case, it is necessary to decide whether the at fault party had or should have had control over that portion of the premises where the slip and fall accident happened. That is the question of the entire injury case.

• Duty of Ordinary Care in a Slip and Fall Injury Case | San Diego Injury Law Firm

  Description: Most jurisdictions require that the landowner use the level of care of an ordinarily prudent adult to prevent an unreasonable risk of harm. Under this legal rule, the custom and practice of industry is often used to establish ordinary care. As an example, abrasive admixtures added to exterior paint on walkway surfaces is ordinarily used in apartment complexes to reduce the risk of injury on wet walkway surfaces.

• Hazards & Debris on Floors & Sweep Logs | San Diego Slip & Fall Accidents

  Description: FREE books by San Diego Slip and Fall Law Firm: The basis of California slip and fall law stems from proving a property owner breached a duty owed to the injured slip and fall victim. Injured parties used to be faced with frightful burden of proving both breach of duty and notice. Over time, the courts have eased the injured parties' burden in regards to this burden (rightfully so too in my opinion). A 1954 California case called Hale v. Safeway Stores held that frequent inspection of the sales areas in markets was necessary and that 12-15 minutes between inspections would not be unreasonable.

• The California Slip and Fall Victim | San Diego Trip and Fall Law Firm

  Description: San Diego Slip and Fall Victim: The plaintiff's attorney for a California slip and fall victim must effectively present the victim of the slip and fall accident, who is quite frequently the only witness to the incident. (Interestingly, with the advent of technology, more and more of my clients are able to use their cell phone camera modes to video tape what happens after a slip and fall including witnesses). Remember, only the victim can best describe the conditions of the walkway surface and those events occurring immediately before the slip and fall accident. To succeed at a slip and fall trial, the credibility of the victim is extremely important.

• The Hazard that Causes a Slip and Fall | Causal Link | San Diego Injury Firm

  Description: Identifying the Hazardous Condition: In most California slip and fall cases, some physical feature or condition is a major contributing factor in the injure party's fall. The hazard may be as simple as water on the floor of a supermarket or as complex as a subtle variation in the riser height of a step in a stairway. In each case, something caused the injured person to fall down.

• Comparative Fault in a California Slip and Fall Case | San Diego Injury Lawyer

  Description: California is a comparative fault state. This fancy word means that the citizens of California are held legally responsible in court only for their share, or their portion, of an injury to another. More specifically, a property owner may not be 100% at fault for a slip and fall; they can be apportioned a degree of fault, if facts exist to support it; for example instead of 100% fault, they can be say 75% at fault, and the injured party 25% at fault. Thus, if the value of an injury from a slip and fall were $100,000.00 then that value is deducted by 25% or $25,000.00, and the value award to the injured party would be $75,000.00.

• Reasonableness in your California Slip or Trip and Fall Accident Injury Case

  Description: The legal term "reasonableness" and your California premise liability case can often times be confusing to some injury clients. When you set about to show that a property owner is liable for the injuries you sustained in your California slip and fall accident, you will most likely have to show, at some point, the reasonableness of the property owner's actions that led to the injury in the first place. In order to help you with this situation, here are some questions that you should be able to answer before starting a case with a lawyer in California:

• Proving Fault in a Slip and Fall Accident
• San Diego Slip and Fall Attorney, Trip and Fall Lawyer
• Information You Need In Order to Prove Your Case in a Court of Law
• Vital Information You Need
• Helpful Hints Regarding Slip and Fall Injuries – From San Diego Trip and Fall Lawyer

Library for Government Property Slip & Falls:

• If You Suffered An Accident in a Public Area in Southern California, Can You Sue The Government?
  Description: In San Diego and Southern California counties a significant number of accidents due to the negligence of the premises’ owner or occupier occur not only on private property, but in public areas such as sidewalks, highways, parks, beaches, or any government owned or rented building. If you have been injured in an accident on public property, contact San Diego accident attorney Mark Blane.

View All

Frequent Questions for Government Property Slip & Falls:

• CALIFORNIA GOVERNMENT PROPERTY SLIP AND FALL INJURY LAWYER:  What should I know about slip and falls on government property, if anything?

Case Results for Slip & Fall Accidents in California:

• Slip and Fall on Ultra Slick Surface in San Diego California Causes Injuries

Awarded: $72,850.00

• San Diego California Lady Injured in Slip and Fall Accident Inside a Store

Awarded: $58,000.00

• San Diego California Slip and Fall at a Local Albertsons Gets Settled Successfully

Awarded: $88,500.00

• San Diego California Trip and Fall at a Walmart Parking Lot | Law Offices

Awarded: $69,000.00

• Slip & Fall injury @ Disney Store at the San Ysidro Outlets | San Diego, CA

Awarded: $50,000.00

• Slip & Fall Injury at Store During the Busy San Diego Holiday Season

Awarded: $22,500.00

• San Diego College Student Re-injures Left Knee in a Slip and Fall

Awarded: $25,000.00

• 92 Year-Old San Diego Woman Slips on an Unseen Leak at Grocery Store

Awarded: $33,000.00

• Slip and Fall Injury in San Diego Mall Parking Lot: Failure to Warn

Awarded: $44,000.00

• San Diego Slip and Fall at a Convenience Store/Surgery Case

Awarded: $74,510.51

Videos about Slip & Fall Accidents in California:

• The ULTIMATE California Slip & Fall Legal Survival Book
• Learn the Steps of Establishing Liability in a CA Slip and Fall Case by San Diego Trip and Fall Attorney Mark C. Blane
• San Diego Slip and Fall Lawyer Mark C. Blane Explains California Premise Liability Law & Property Owner Responsibility

Web Resources for Slip & Fall Accidents in California:

• FAQ's for California Slip and Fall Accidents

  Description:

  Have legal questions about California Slip and Fall Accidents?  Visit my FAQ Section to find answers to a huge library of different legal questions in this area of the law.

View All

  

More Legal Questions About San Diego California Slip and Fall Accidents?

Do you have more legal questions about San Diego slip and fall or premise liability accident cases?  Return to the Slip and Fall Accidents in California Frequently Asked Legal Questions page. 

The Law Offices of Mark C. Blane, APC

GOLDEN EAGLE PLAZA

525 B Street, 15th Floor

Toll Free:  (888) 845-6269

Direct:  (619) 813-7955

    The San Diego California Slip and Fall Accident Attorney that offers FREE Slip & Fall Injury Books to anyone BEFORE they speak to a Lawyer, a Claims Adjuster, or have to sign any Legal Forms; also we represent clients across Southern California including the following areas: 

Alpine, Bonita, Camp Pendleton, Cardiff by the Sea, Carlsbad, Chula Vista, Coronado, Del Mar, Downtown San Diego, El Cajon, El Centro, Encinitas, Escondido, Imperial Beach, Julian, La Jolla, Lakeside, La Mesa, Lemon Grove, National City, Ocean Beach, Oceanside, Pacific Beach, Poway, Ramona, Rancho Bernardo,San Marcos, Santee, Rancho Bernardo, Ramona, San Diego, Solana Beach, Spring Valley, Pacific Beach, Ocean Beach, San Ysidro, Julian,Lakeside, Vista and all other areas in San Diego County. We also proudly serve the following Southern California areas of: Imperial,Riverside, Orange, Los Angeles, San Bernardino, Santa Barbara, San Luis Obispo, Ventura, and Kern Counties.

Mark Carleton Blane

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The Law Offices of Mark C. Blane, APC
Golden Eagle Plaza
525 B Street, 15th Floor
San Diego, CA 92101
Phone: 619-813-7955
Fax: 619-946-7835
Toll Free: 888-845-6269
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