A slip-and-fall accident on public property might raise valid questions about who is responsible. In California, public property includes places such as sidewalks, public parks, government buildings and public transportation stations.
If you suffer an injury from a fall on public land, identifying the correct party to sue is the first step toward seeking compensation.
Government entities may be at fault
In most cases, a government entity owns and manages public property. That may include a city, county or state agency. For example, if you slip and fall due to a broken sidewalk in front of a city park, the city might be responsible. If a fall occurs in a state-owned building, the state government could be the liable party. The key factor is determining which government body controls and maintains the area where the fall occurred.
Filing a successful claim
To succeed with a claim, you must show that the government agency knew or should have known about the dangerous condition and failed to fix it. Dangerous conditions might include uneven pavement, wet floors, broken steps or poor lighting. If no warning signs were present and the hazard had existed long enough for someone to repair it, the agency may face liability.
California law sets strict rules for claims against public entities. You must file a special notice, called a government claim, within six months of the injury. This claim gives the agency a chance to investigate and decide whether to accept or reject the claim. Only after the government denies or ignores the claim can you file a formal lawsuit.
Understanding who owns the property and how the accident happened helps determine who to sue. California law allows injured people to seek recovery, but only if they follow the correct procedures and act quickly.