Can You Sue the Government if You Suffered an Accident in a Public Area in Southern California
Accidents in San Diego and surrounding counties do not occur only on private property. People can get hurt on defective sidewalks or using poorly maintained park facilities. 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 effectively sheltered from any suit under the Sovereign Immunity legal doctrine. 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 their 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 differs from a suit brought against a private company or individual.
Why would you talk to Mark C. Blane about your Southern California accident due to someone else's negligence?
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 require a thorough investigation.
In all these circumstances, Mark Blane will personally follow your case and dedicate your talent and experience to vigorously defending your rights. The accomplished and skilled slip and fall attorney team of the Law Office of Mark C. Blane in San Diego has 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 at 888-845-6269 or email us 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.