Any slip, trip or fall accidents can be a stressful experience. If you suffer a fall on someone else’s property, you are usually eligible to file a personal injury lawsuit against the party responsible to maintain the conditions of the property. However, if your fall occurs on a government property the laws applicable to your injuries may be different.
Can You Hold the Government Liable for Your Slip and Fall Injuries?
The doctrine of sovereign immunity that governs the common law does not allow you to sue the government without their permission. Hence, if you have experienced a fall while on government property, you may be eligible to sue the government entity under certain limitations.
There are several circumstances to understand where a government entity may be held liable for your injuries due to negligence that resulted in your slip and fall. Simply because you tripped and fell does not mean that you can pursue a claim to recover compensation. There should be hazardous conditions present on the property and you need to prove that the entity was reasonably negligent and such negligence caused the accident.
Proving Negligence in a Slip and Fall Accident on a Government Property
Most states require you to file a formal complaint within 6 months from the date of the incident summarizing your accident and describing your expenses and losses. This notice should be sent to the appropriate government department to avoid your claim from being barred. For example, sidewalks are typically owned by the city however, sidewalks around federal government premises may be owned by the government and you need to file a report with the federal government in this case. It is always recommended to hire a personal injury lawyer for your fall accident as they can help evaluate your case, find the responsible party, and help you correctly filing your claims report.
Moreover, sometimes it is unclear if the property comes under the government or is owned by a private party. For example:
- A park may be privately owned by its developers in which case you can file a personal injury lawsuit in the event of an accident.
- The shopping complex may appear private but is in fact a part of government property or public university campus, in which case special claims procedure needs to be followed.
- Some states and cities have laws governing the sidewalks besides homes or businesses and if they are deemed as government property, special steps may need to be followed for a personal injury claim.
This makes it all the more necessary to hire a legal expert.
How Can a Good Personal Injury Lawyer Assist You?
If you fail to file your claims against the concerned government entity within the acceptable time limit, you may be barred from filing a claim altogether. Moreover, claims filed against the government usually have a damage limit based on the entity in question. Additionally, government entities are a complex body and the laws governing them are typically complicated. This makes it important to hire a good personal injury attorney as they can provide you with legal assistance and file the claim on your behalf so that you are more likely to receive fair compensation.
