Property injury liability claims involve negligence on the part of the commercial or private property owner. If you were injured on public property owned by a government entity, however, your rights are more limited but are not negated. If you find yourself in this challenging position, a premises liability attorney could help. Contact an experienced Cypress public property injury lawyer at Schechter, Shaffer & Harris, LLP now to learn what is possible.
Can You Sue the Government for Public Property Injuries?
Government entities are generally protected from lawsuits, which means they cannot be sued for negligence. There are, however, exceptions to this rule, such as when a claimant is injured on public property. These cases are often legally complex.
Liability and Commercial and Private Properties
If you were injured on the premises of a commercial property, the property owner or manager owes you a duty of care. This includes looking out for risk factors and resolving them or warning guests about them promptly.
When it comes to private properties, the owner’s liability includes warning visitors of known dangers. There is, however, no expectation of protecting you from risk factors that they are not aware of.
Sovereign Immunity
For public properties, such as public sidewalks, parks, and government buildings, a legal concept known as sovereign immunity applies. If you are injured on a property that is owned by the municipality, city, state, or federal government, they have legal immunity from being sued except under exacting circumstances.
This is a means of protecting the government from frivolous lawsuits that could interfere with operations. The government is not, however, immune from all liability. They are charged with maintaining public properties in reasonably safe condition.
The Additional Step Required
The law requires an additional legal step when filing a public property liability claim, which is guided by premises liability law. This involves sharing your intention to sue the government entity by filing a written notice of tort claim, which includes proof of your related losses, with the appropriate agency. A trusted Cypress attorney could give you skilled legal guidance on each step of your public premises injury case.
Distinctions That Apply
Important legal distinctions apply when the at-fault party is a government agency.
The Filing Deadline
To begin, a stricter filing deadline applies. If your claim is against the government, you have a brief six-month window in which to file your property injury claim. This is in contrast to the two-year statute of limitations that applies to claims against commercial or private property owners.
Compensation Caps
In a claim against a commercial or property owner, you can seek compensation for your full range of losses. In a claim against a government agency, however, the amount of compensation you can pursue is capped.
Bolstering Your Claim
Property liability claims are always complex. When the responsible party is a government agency, the legal intricacies are enhanced. To strengthen your claim, it is important to take the following steps as soon as possible:
- Seek medical attention for your injuries
- Carefully adhere to your medical team’s health care advice
- Work closely with a seasoned public property injury lawyer
- Leave the negotiating to your dedicated legal counsel while you focus on regaining your health and well-being
An experienced lawyer could help you navigate your public property accident claim in Cypress.
Discuss Your Public Property Accident Claim With a Cypress Attorney
A knowledgeable Cypress public property injury lawyer at Schechter, Shaffer & Harris, LLP, could build a solid claim on your behalf and advocate skillfully for your rights and compensation throughout the legal process. Contact us online or call us today to learn more about how our respected personal injury attorneys could help you.
