Know Your Rights
If a person is injured while on your property, you may be held liable for damages. As a property owner, it is your responsibility to create a safe environment for both your family and anyone that visits your property. But when premise injuries take place on public property, the issue becomes a little more complex.
Premise Injuries on Public Property – Who’s at Fault?
Public property is owned by a government entity. This may be the state or it may be the federal government. Determining who is in charge of maintaining the property will determine who’s at fault.
It’s important to find out who’s in charge of the property as quickly as possible. In some cases, the statute of limitations may be quite short. If the property is owned by the state, you may only have six months to file a claim. While state laws may vary, the statute of limitations for federally owned properties is two years. This is why it’s so important to act quickly if you are hurt on public property.
Understanding Your Rights
In many cases, state laws provide immunity to government agencies and their employees. However, there are some exceptions to this rule. Public entities can be held liable in the following situations:
- If the injury was caused by dangerous conditions on the property. In this case, you need to prove that:
o The government entity was given notice of the hazardous conditions, but failed to remedy the situation.
o Your injury was a direct result of the dangerous conditions and your injury was foreseeable.
o A public employee, within the scope of their employment, was negligent and caused the condition.
- If the injury was caused by public employee negligence. Accidents involving public trains and buses are prime examples of this type of case.
- If the injury was a result of the public entity’s failure to warn the public of dangerous conditions on the streets and highways. For example, if a traffic light malfunctions and the public entity is aware of the condition but fails to warn the public, they may be held liable if an accident occurs at that intersection.
Get Legal Help For Your Injury
It’s important to take action immediately if you are injured while on public property. If the property is owned by the state, you may only have six months to file a claim. The first step in the process is to find a reputable lawyer that has experience with premise injuries on public property. They will help you determine whether or not you have a case and the best course of action to take.