Bakersfield Public Property Injury Lawyer

Donald Colvin, Esq

Who do you hold accountable if your child is hurt in public, like at a park or library? The government must maintain community property so that it is safe or warn visitors about any risks. Despite legal requirements that should be followed, individuals are frequently injured when they are in areas they assume authorities keep safe and maintained. On private land, the business or owner can be held accountable in a straightforward process. In comparison, proving claims for harm in common areas can be tricky because people must deal with government agencies.

A skilled premises liability attorney could help you see how these rules may affect your claim. You may be eligible for financial compensation if you or a loved one were injured on public property. The legal process for claims against the government is more convoluted than those against private individuals. A Bakersfield public property injury lawyer from Colvin Accident Lawyers could help you pursue the recovery that you seek.

What to Know About Public Property Accidents

Countless people are injured in a wide range of places that the everyday person might not think to hold local and federal authorities accountable for. Some examples include:

  • Schools
  • Airports
  • Highways
  • Post offices
  • Rail stations
  • Harbors/ports
  • Public hospitals
  • Public transportations
  • Public swimming pools
  • Poorly maintained roads
  • Public sidewalks or trails

Medical costs can be expensive and completely change a person’s life trajectory. Injured people often end up with catastrophic damage like burns, broken bones, traumatic brain injuries, neck pain, and harm to the spinal cord. Thus, as strange or scary as it may feel to hold powerful entities responsible for injuries, a person who has been harmed due to another person’s negligence has the right to seek the compensation they deserve. Therefore, it is essential to consult with a Bakersfield legal professional concerning details of a public property injury case.

Intricacies of the Law

The legal theory of sovereign immunity protects government entities from lawsuits, as codified in the 11th Amendment to the United States Constitution. This defense is difficult to overcome without assistance from a qualified lawyer who knows legally legitimate waivers to the public property rules in Bakersfield and could defend a severely injured person.

However, the Federal Tort Claims Act of 1948 relaxed the principle of sovereign immunity and permitted people to sue for damages when injured on federal property because of unsafe conditions. California also has its own legal path to allow people to seek compensation from the local administration when harmed.

Is it Possible to Receive Financial Compensation?

An injured person could pursue financial and emotional damages, just as they would in a case against a private defendant. These can include losses like hospitalization, medication, loss of income, and emotional trauma. The statute of limitations for public property injury claims against the government may differ from other civil claims, and it is essential to consult with a Bakersfield lawyer so that an injured person does not miss any deadlines.

A successful claim depends on multiple factors:

  • An injured person must show that the government owned or controlled the area where the injury occurred.
  • An injured person must show that there was a dangerous condition on the premises.
  • It must be shown that the unsafe element posed a reasonably foreseeable threat.
  • It must be proven that the hazard directly caused the injuries.
  • Either the dangerous condition is a direct result of omission of information or negligent or wrongful acts of a public employee in the scope of their employment, or the public entity knew of it a sufficient amount of time before the injury to the point where a reasonable measure should have been taken to prevent harm.

An experienced attorney could prove these negligence factors and help a person receive damages.

Consult with a Bakersfield Attorney For Help with Your Public Property Injury Claim Today

It is crucial to advocate for your rights, especially when up against a powerful entity. Do not risk missing out on the compensation you deserve by handling your case alone. You deserve a supportive and responsive legal team to ensure your success.

Let a Bakersfield public property injury lawyer advocate for you today. Schedule a consultation with our team at your earliest convenience.