Personal Injury Lawsuits against Government

California personal injury laws allow people who have suffered harm by negligent, gross negligent, reckless, or intentional acts of another person or entity to file a claim or lawsuit against the at-fault party. Parties liable for the costs and damages stemming from the injury must compensate you. This is true even when the at-fault or liable party is the government, a government agency, or government personnel. The applicable rules, however, are different and the consequence can be more severe for the victim of the wrongdoing.

If you have been injured and it was the fault of the government, finding an attorney who has this kind of experience will be key to a successful claim. These claims are highly technical and the statutes of limitations provide only a small window of opportunity to file your claim. So, time is of the essence. Contact us so that we can connect you with a personal injury attorney in Los Angeles who is best suited for these types of cases. Our mission is to make sure you file a claim that is comprehensive and timely and underscores what fair and just compensation would look like. In the meantime, below is an overview of personal injury claims and lawsuits in California against the government.

What Does California Law Say on Government Liability for Personal Injuries?

California has a specific law for personal injury cases involving a government agency or government personnel, and it’s known as the California Tort Claims Act (CTCA). In the CTCA, a public entity is typically not held accountable for an injury it or its employees cause to you or another person. This rule is referred to as sovereign immunity. Though it limits personal injury claims and lawsuits, there are exceptions. Below is an overview of what sovereign immunity is and against whom, what, and when you can file a claim.

Sovereign Immunity & Liability

Sovereign immunity is a legal doctrine that dates back several hundreds of years ago in England and was meant to protect the King from claims of any wrongdoing. This doctrine persists today in England as well as in the United States and many other countries. So, even when the government may be at fault for your injury, there’s a chance that it won’t be held liable or responsible to pay for the costs of your injury and all damages stemming from it. It all depends on who did what and when.

Who Can be Held At-Fault Under the CTCA?

As already mentioned, the government can be held liable for personal injuries under certain circumstances. The “government” includes:

State agencies
County agencies
Local or city agencies
Public employees
Independent contractors.

In a personal injury case where the government is involved, there may be multiple at-fault parties. This is true when an employee or independent contractor caused the harm. Typically, when an employee or independent contractor causes harm, their employer (the government agency) is the subject of the personal injury claim. Certain facts must be established.

The government is responsible for employees or independent contractors when the employee or independent contractor acted negligently while:

1. Acting within the scope of employment; or

2. Carrying out a function of the government.

A skilled and experienced personal injury attorney will be able to identify all at-fault parties to ensure you get the best possible outcome.

When can the Government be Held Liable?

The CTCA covers most types of personal injury situations. Namely, a victim can file a claim against or sue the Government for any of the following actions:

Auto accidents, including trucks, trains, buses, cars
Public transportation accidents
Roadway defects, including unsafe road conditions and negligent road design
Failure to provide adequate traffic control
Premise liability cases, including dangerous conditions of public property or slip and fall cases
Medical malpractice/negligence
Intentional torts, including assault and battery
A school district or teacher wrongdoing
Law enforcement claims, including excessive force, police shooting, or other police misconduct.

The government can also be held responsible for damages you suffer due to the government’s failure to follow through on its duties assigned by law.

On the other hand, the CTCA does not allow personal injury claims that result from the failure of the government to pass regulations, ordinances, or laws. The government also cannot be sued for injuries caused by but not limited to:

The California National Guard
Accidents on property not belonging to the government
Misrepresentations
Issuance of permits or other government authorizations
Failure to issue permits or other government authorizations.

As you can see, there are strict circumstances when the government can be held liable. The above two lists of when and when not the government is held accountable are an overview of what is generally the case.

Personal injury cases against the government can be highly technical and so even when you think you have a case because you slipped, fell, and broke your hip inside the local post office, you very well may not have a case. On the other hand, you may have a big case even if you think you don’t. In either case, an attorney can review the circumstances and facts and propertly advise you whether or not you have a viable case against the government.

What Damages Can the Government be Liable For?

The CTCA only allows claims to move forward if they are “for money or damages.” If your claim demands that the government provide another remedy (e.g., specific performance or an injunction), it won’t be allowed and the claim will be dismissed.

Like other personal injury cases claiming damages, you are entitled to compensation for economic and non-economic damages, like:

Lost wages
Loss of earning capacity
Medical expenses
Future anticipated medical expenses
Pain and suffering
Mental distress
Other.

Unlike most personal injury cases, however, you almost always cannot demand punitive damages even if your injury was the result of malice or fraud.

Common Claims in California Against the Government

Three common situations where the government or public officials are often held liable for personal injuries include: (1) dangerous road conditions; (2) public services and products; and (3) government property.

Dangerous Road Conditions

Dangerous roads are probably one of the most common reasons for which a public entity is sued. Depending on the road, the city, the county, the state, or the federal government is responsible for its design and maintenance. As such, the respective public entity is responsible for keeping the roads safe, and if not, and someone is injured, that public entity is liable for it and should pay compensation. In order to be liable, the government must have known or should have known about the dangerous road conditions.

Dangerous road conditions are discovered by or during:

Regular surveys of roads;
Regular maintenance routines; or
Reports provided by people who have discovered dangerous conditions on their own.

The public entity may argue that the dangerous conditions were unknown, but that doesn’t mean it can avoid liability simply by saying so. As mentioned, if it should have reasonably discovered the unsafe road condition, then it can be held accountable.

For example, sinkholes are not uncommon in the Los Angeles metro area. Imagine being at the intersection of Woodbridge Street and Laurel Canyon Boulevard when a large sinkhole opens up and your vehicle plunges into it. You survive, but your vehicle is totaled and you sustain serious bodily injuries. If there had been signs of the sinkhole, which there usually are (e.g., a depression in the shape of a circle or large cracks in the road), the city of Los Angeles could be held liable. If no indication of a sinkhole were present, then it’s reasonably possible that the city would escape responsibility. In fact, in December 2019, the city of Los Angeles agreed to pay $4 million to a woman who suffered this fate.

Types of Dangerous Road Conditions

A public entity can be responsible for any of the below dangerous road conditions if it did not reasonably discover and timely repair the unsafe road condition:

Cracks
Potholes
Guardrails in poor condition on or near ditches, overpasses, and sharp curves
Overgrown foliage or fallen foliage obscuring road signs
Absent or missing traffic signs or warning signs
No rumble strips on highways
Unsafe or damaged bridges or overpasses
Construction of roads with dangerous curves
Poorly controlled construction zones
Poor lighting
Floods caused by clogged drainage.

Causes of Dangerous Road Conditions

Unsafe conditions on or near a road can be caused by many things. Typically, it’s simply wear and tear, but in cases of lawsuits, the dangerous road conditions are often caused by:

Negligence
An act of nature
Poor planning or design
Poor construction or construction materials
Failure to upkeep the roads
Failure to make repairs.

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Public Services & Products

When a service or product is defective and the defect causes injury to you or another person, you are typically entitled to compensation. The cause of action in these types of cases is typically negligence though strict liability is also a possibility. Public entities in California, which provide certain services and products, can be held liable under certain limited situations and conditions.

Common cases here include things like public utilities or public transportation. Two real-life examples include:

1. The Los Angeles County Metropolitan Transportation Authority (MTA) was sued by a mother whose son died from injuries when mistaking a gap between a train and the platform for a door. He fell and was crushed. The victim was visually impaired. At trial, the plaintiff proved that the MTA had known about the risks but had not done anything about it.

2. A city in California instructed its contractors to place trash containers in the bike line, which the contractors, a disposal company, did. When doing so, a biker was knocked into traffic lanes. The biker died from his injuries. The city was found liable and was ordered to compensate the plaintiff.

In cases where it’s a product that caused the injury, the government and its contractors can use an affirmative defense to avoid liability. If the injury was caused by a design defect or a failure to warn, then the defendant can escape responsibility if the following elements are satisfied:

1. The defendant contracted with the federal government to provide the alleged defective product for military use;

2. The U.S. government approved reasonably precise specifications for the product;

3. The product conformed to the specifications provided by the government; and

4. The defendant warned the United States about the dangers in the use of the product that was known to the defendant but not to the United States.

Government Property

Like other premise liability claims, the government can be held liable for injuries sustained on property it owns or controls. Premise liability claims often involve a defect or a hazardous condition on the property. The standard to file a claim against the government as opposed to a private entity, however, is different.

According to the Liability of Public Entity for Dangerous Condition of Property Government Code § 835 et seq., the plaintiff filing a claim or lawsuit against the government must fulfill the following elements:

1. At the time of the injury, the premises defect or the dangerous condition was present on the property;

2. The dangerous condition was a substantial factor in causing the injury;

3. There was a reasonably foreseeable risk that the injury sustained could have occurred due to the dangerous condition; and

4. A public employee created a dangerous condition; or

5. The public entity had actual or constructive notice of the danger and enough time to fix it before the dangerous condition harmed someone––notice is established when it’s shown the dangerous condition was obvious or there long enough that the government should have discovered it and done something about it.

For example, a railing protecting visitors at a state park in California was loose and when a person leaned against it, the railing gave way. The victim suffered serious injuries from the fall. The state agency could be held liable if the injured party can show that:

1. The railing defect was present at the time the victim fell;

2. But for the loose rail, the victim would not have fallen and injured himself;

3. It is reasonably foreseeable that a loose railing could give way and cause someone to fall;

4. The state park had been informed by many worried visitors about the loose railing and there was ample time to fix it, but it wasn’t fixed.

How are Claims Filed under the California Tort Claims Act?

To file a personal injury claim under the CTCA, strict procedures must be following with regard to timely notice and properly drafted notice.

Timely Notice. The claimant must file a notice of claim to the appropriate state, county, city, or other public entity within six months from the date the injury occurred or the date it was discovered or should have reasonably been discovered. The notice allows the government entity to investigate the facts and allegations as laid out by the notice and to determine liability.

If you do not file within the statute of limitations, you may still be able to file a late claim. Late filings need to be accompanied by an application for late filing. Some allowable reasons for filing a late claim include but are not limited to:

Death of the claimant;
Mental or physical incapacity;
Minority––the claimant must have been 17 or under throughout the entire 6-month period; or
Mistake.

Required Elements of the Notice. The notice of claim must provide specific information in the notice of claim. According to Gov. Code § 910, the required information is:

(a) The name and post office address of the claimant.

(b) The post office address to which the person presenting the claim desires notices to be sent.

(d) A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of the claim.

(e) The name or names of the public employee or employees causing the injury, damage, or loss, if known.

(f) The amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case.

If the above criteria are not met, the notice of claim could be invalidated, and you may miss your opportunity to receive compensation. It may seem easy enough to get these things done, but 6 months will go by rather quickly. Plus, having all the expenses, facts, and circumstances accounted for in the notice in a way that is coherent and logical and supported by evidence can take considerable time and resources.

After Filing a CTCA Claim, What’s Next?

After filing the notice of claim, a few things could happen. The public entity has 45 days to respond to the claim, and when it does, it could involve one of the following actions:

Rejection of the claim (in this case, you likely won’t get any kind of communication from the public entity);
Approval of the claim in whole or in part;
Request for additional information;
Request that amendments be made within a certain time period; or
Notice the claim was dismissed for an untimely filing.

Your next step depends on how the government responds to your claim. If the public entity requested additional information, then you should provide the additional information. If your claim was approved in whole, then you will receive the compensation demanded in the claim. On the other hand, if your claim was denied in full or in part, you can sue. The same is true if you never heard back from the government within the 45-day period or after it. If you sue, you must do so within:

1. Six months from the date you received notice from the public entity that your claim was rejected in part or in whole; or

2. Two years from the date the injury occurred or was discovered if the public entity failed to respond to your notice.

To file the lawsuit, you must first petition the Superior Court to relieve you of the claim requirement. If approved, you have 30 days to file your lawsuit. If the court does not approve your petition to move forward without the claim requirement, you can appeal the decision.

Retain a Personal Injury Attorney in Los Angeles Experienced in Filing Claims Against the Government

Because time is of the essence like in no other personal injury case and because the rules of the game create challenges unlike any other personal injury case in California, you need a personal injury attorney with specific experience filing claims against public entities. You deserve just and fair compensation, so there’s no time like now to contact us or another experienced law firm.

Personal Injury Lawsuits against Government