When the government controls or owns a property and there are hazardous conditions on the property that led to an accident, the government may be liable for your injuries. But, premise liability (slip and fall) claims against a public entity do have different standards. With a premise liability claim against a government entity, you must show that the property was in a hazardous condition at the time of your injury, your injury was caused by the hazardous conditions and the hazardous conditions created a foreseeable risk for the type of injuries you incurred. If an injury occurs, you must provide notice and the notice must show that the hazardous conditions were in place for a period of time and it was obvious to the government entity being held responsible that the hazard should have been prevented.
Filing A Claim Under The California Tort Claims Act
In order to file a claim under the California tort claims act, against a county, state, or municipal government entity, you must provide notice of your claim, which may include sending a letter or filing a report, either is fine as long as the notice contains the necessary requirements. However, most municipalities and state agencies have a claim form that you can fill out to provide notice of your claim. The best way to ensure you meet all of the claim requirements, including filing the claim within the proper time limit, is to hire a personal injury attorney that is experienced with the California Tort Claims Act and the process necessary for filing a claim.
Information You’ll Need To Include In Your Claim
When you are considering filing a lawsuit against a government agency or government entity, the claim you file must include:
- Your name and address
- The address that you want your claim information and notices sent to
- The place, date, and any other relevant information about the accident in which you are filing a claim
- A brief, basic description of the injury, obligation, indebtedness, and damage or loss that as thus far occurred as a result of the accident
- All names of the public employees that caused the damage and/or injury
- The amount being claimed, if it is less than $10,000, but if it is over $10,000, you do not need to include the amount
If you do not include all of the required information, it may invalidate your claim and if the claim is not filed within the allotted time period, your claim may be denied. Once you have filed your claim, the agency in which you filing the claim usually has 45 days to respond or take action against the claim. The time may be slightly extended depending on if your claim was mailed and the location in which the claim was mailed. Once the claim has been filed, there are a few different outcomes, including they failed to respond within the required time period, which means the claim has been deemed rejected, the agency may reject your claim, they may return the claim for it being sent in an untimely manner and they may claim insufficient information. The process can be long and overwhelming, so it’s important to talk with an attorney that is experienced in the California Tort Claims Act.