In a normal scenario involving a personal injury, one of the first questions victims usually need to address before filing a claim is who owns the property. Suppose the accident happens on government property in the state of California. That seems like a very straightforward idea, but the law can make pursuing a claim more challenging than it might be against a normal property owner.
In California, as in many other U.S. states, the government imposes fairly strict limits on claims against it. This includes cities and counties, in addition to the state. This may not feel fair, but the reality is that you need to be especially diligent when pursuing a claim against any government entity in California. Here is a look at what you need to know to protect your rights following an accident on government property or involving a government employee or agent.
How Government Cases Are Different
When it comes to suing an individual, business, or non-government organization for negligence, the process is relatively straightforward. If it is clear who was at fault, you pursue a claim against or sue that party.
However, the government builds in some layers of protection for itself when it is the possible defendant. Foremost, the statute of limitations is much shorter. With a typical accident or injury case in California, you have two years from the time of the incident to inform the defendant in writing of your claim. If the defendant is a government in California, though, the statute of limitations is six months.
There is also a more specific claim process when the government is the defendant. You have to submit a claim within six months, and then the entity in question has 45 days to respond. If the government denies the claim, you then have six more months to formally sue. If the government fails to respond within 45 days, then you usually have up to two years to start a case.
Immunity
While nearly all private persons and businesses are potentially liable, the government has an assumption of immunity unless there's an exception outlined in a law. In other words, you have to determine which law allows you to even pursue a claim before you can file one.
To some extent, this makes sense. The government needs to be able to do its job without facing a constant stream of claims and lawsuits. On the other hand, most people also assume in a democracy that there ought to be some accountability. Hence, there are exceptions to immunity in the law.
Dangerous Property Condition
One notable exception is public property that's in a dangerous condition. For example, courthouse steps can't be crumbling to the point that there's a foreseeable risk that someone might break their leg trying to go up the steps. In the same way that a business has to cordon off a wet floor and put up a sign, the government has to take steps to protect people from dangerous property.
Vicarious Liability
Another notable exception is that the government is liable for the negligence of its employees and authorized agents. Suppose a bus driver employed by a local transit authority strikes a parked car. The state is liable for damages to the car and injuries to any nearby people.
This theory of vicarious liability is similar to how businesses are liable for their employees' actions while on the job. Note that this means the government employee must be acting in their role. Vicarious liability only extends to official duties in the line of work.
Administrative Claim Requirements
Anyone pursuing an accident case against a California government entity must file an administrative claim. This is different from filing a normal claim, which usually goes through an insurance company or the defendants themselves. Instead, a specific local or state agency will administer the claim and determine whether to accept or reject it.
Claims need to meet a variety of requirements. This starts with including basic information, such as:
- Your name, address, and contact information
- The date, time, and location of the accident
- A description of your injuries
- A list of any claimed property damage
- A demand for a specific dollar amount as compensation
Fail to get any of these details right, and the administering agency will reject the claim automatically.
You also have to file with the correct administrative entity. If you're pursuing action against the state, that is the Department of General Services. If the case involves a county, then you have to send the claim to the county clerk or its board of supervisors. When the case involves a city, you have to file with the city clerk's office. Once more, filing with the wrong entity is a good way to lose the case.
The Government's Possible Defenses
The government has several potential defenses. First, the government can claim design immunity. What this means is that the law shields the government against design defects if a planning body approved the design. Fall down a poorly designed stairwell, and the government may cite this defense.
The government also isn't liable for natural conditions. If you slip on a wet rock on public land, the government isn't liable.
Also, the law prevents punitive damages. You can only demand compensatory damages for things like lost property and medical bills.
Protecting Your Rights When the Government Is at Fault
Talking with a lawyer before filing any accident case is a good idea. It is especially important when a California government is involved. The short timeline for filing and the less-common administrative claim process leave very little wiggle room.
