Filing a Claim Against a Public Entity in California
In California, state and local governments are partially protected from lawsuits by the California Tort Claims Act (CTCA). This act makes it more difficult to sue the government, but not impossible. While the act claims that public entities are not liable for injuries the way an individual or a private business would be, there are some exceptions. Here is what you should know.
- The statute of limitations is 6 months from the time of the accident – This is much less time than usual for a personal injury case in California, so you need to act without delay.
- There needs to have been sufficient notice – If no one reported the dangerous situation to the government, they can’t be held negligent for failure to correct the problem. When it comes to a private business, a sufficient passage of time from when the dangerous situation arose to when the accident took place is enough to prove negligence, but public entities are not responsible for noticing potential hazards.
- There must be negligence on the part of a government employee – This is the only other way a public entity can be held liable for what happens on the premises. For example, if a government employee creates a dangerous situation and intentionally ignores it, then the public entity may be liable vicariously through the negligent worker.
Get the Help You Need for Your Personal Injury Case
Whether you are dealing with a public entity or not, you should always hire a skilled attorney to help with your personal injury case. If you are in the San Diego area, the experienced team at Petrov Law Firm can help. Call 619.344.0360 right away to get started.