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Injury on City Property

Injury on City Property

If you are injured on city property you may be able to sue the city that owns the property you were injured on to cover any medical costs you may have incurred from the injury or the cost of repairing/replacing any property that may have been damaged by the city’s property. City property is considered anything that city government owns or is in control of. This can include sidewalks, schools and government buildings, parks and beaches, and public hospitals. Because the state of California operates under Section 810 of the Government Code there are very specific guidelines and timetables you must follow if you wish to receive compensation for your injuries.

 

Among the guidelines you must follow are:

 

  1. Medical Receipts – You may be required to show proof of medical services rendered so make certain to document all doctor visits and any medical costs associated with them.
  2. Six Month Time Limit – You must file your claim that includes all of your information with the City Clerk within six months of the injury. Some cities have forms you must fill out and others prefer to have your claim filed in another manner.
  3. Details – Section 810 has some very confusing and detailed instructions informing you how to file your claim. You must make certain that each one of these details is followed to the letter or your claim may be denied. For example, if a family was injured on city property they cannot file a claim as a family. Each individual in that family will have to file their own separate claim. Seeking expert help like that of an attorney is a good idea due to these potentially complex details.
  4. Proof – You will need to present proof that the city is liable for your injuries. For example. If property that was in dangerous condition caused your injury you will need to show that the property is in dangerous condition, that the properties condition caused your injuries, and that condition creates a reasonable risk of future injury.  You will also need to show that an employee or entity acting on the city’s behalf intentionally or negligently created the dangerous condition or that they have known about the condition and have had enough time to take action to fix the problem, but have not.

 

Response

 

The city will have up 45 days to respond to your claim once it is filed. If they reject the claim you have up to six months from that date to file a court action. Time is very important. Due to Section 810 if you wait too long to file or seek an attorney’s help there may be nothing that can be done.

 

Exemptions

 

In some cases an injury on city property may not be handled at the city level. If you were injured in a police or correction facility separate laws cover those claims. Also if you are injured on city property due to the violation of a federal law (for example a police brutality case), you may need to seek relief in court as opposed to filing a claim with the city.

 

Due to the complex and timely nature of any injury on city property, the help of an attorney can help make certain that all deadlines are met and all claims are properly filed.

 

If you have been injured on city property please contact LA Injury Group, Inc. here on our contact form or call us toll free at 1-888-500-1006.

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