We have numerous public spaces, ranging from recreational parks to state buildings. Unfortunately, several accidents occur in these public areas. These accidents can cause huge medical bills if you are injured, permanent bodily damage, and property damage, among others You can file a claim if you're injured on public property in several ways, as we will discuss further in this blog.
Premises liability disputes regarding public places could be challenging depending on the context of the event and necessitate the assistance of an experienced attorney. Successful claims rely on establishing that your injuries were caused by the business or individual who failed to safeguard the safety of his or her property for guests or failed to appropriately warn about possible dangers. This blog discusses how to file an injury claim when injured in a public place.
First, Seek Medical Attention for Any Injuries
If you were injured on public grounds, as with any form of a premises liability claim, you should seek medical attention immediately. Explain to your physician how and where you were hurt, and give as much information as possible about your symptoms. Your medical report will go a long way in determining a suitable compensation for your injuries.
Determine Whether the Property is Private or Public
Several locations that most individuals assume to be "public" are often privately operated. Most sidewalks, garages, community pools, and parking lots, for instance, are privately owned. Sports stadiums, entertainment venues, and amusement parks are also normally privately owned property, even though they're available to the public. If you file a claim against a private property owner, your case would be governed by Florida's "regular" premises liability statutes. If you want to sue a government organization for an injury you suffered on public grounds, you should follow a completely different set of regulations.
It is Critical to Provide a Prompt Claim Notice
A personal injury lawsuit against a government entity differs from that against a private individual or business. Injury claims against non-government bodies are handled through the insurance provider of the at-fault party. The injured party can launch a case if the insurance provider dismisses the claims or pays too little compensation. This is not true for lawsuits against the state. The first step after being harmed on public grounds is to file a claim notice with the organization responsible for its maintenance.
You should submit the appropriate injury notice form provided by the government entity. The form should be filled out precisely, delivered to the relevant office, and delivered within a very short time frame. If the injured party makes an error or fails to send his or her notice to the correct agency, his or her time would run out before they could re-submit. You will lose your right to compensation for your injury. Each level of government would have its own set of dates and claim notification documents. Several claim notices demand the following details:
- Your full name and address
- The date of the injury
- Injury description
- What caused your injury
- Why was the government incompetent
- How your injury was caused by negligence
- Losses incurred, like medical bills and other costs lost
Calculate Your Injuries' Costs
If you get hurt on public grounds, you have the same right to seek just compensation for your injuries, both financial and non-financial, as if you got hurt on private property. You'll need to consult with your personal injury attorney to properly assess these costs. However, the sum of damages that people can obtain for injuries suffered on public grounds is limited under Florida's Tort Claims Act. As a result, no more than $200,000 can be recovered in a premises liability action against a local government agency or a state, irrespective of the expenses of your injury.
Proving Government Accountability
If you were hurt in a public setting, you'll need to figure out which government agency is legally liable. Determining which government organization is legally liable on public grounds is not always easy, so you'll need to engage a lawyer to examine the issue. Government entities must take the same precautions as any private entity to safeguard their properties from dangerous situations. When the state fails to take reasonable care, they are accountable for any harm sustained by any individual who had a legitimate purpose for being on the land.
If an individual is injured while strolling through a privately owned complex and falls in a pothole, the owner would be held accountable. Similarly, if a person got injured while strolling through a government-owned parking lot and tripped over a pothole, the state entity would be held accountable. The pothole has to have been there long enough for either the property owner or government body to notice it in both circumstances.
In other words, the owner or state agency would not be considered liable if they didn't have a reasonable period to discover and fix the pothole. To establish government negligence, you should demonstrate:
- The property was controlled or owned by a government agency
- The property was in a hazardous condition
- The state agency was aware of, or should have been aware of, the dangerous conditions
- The government had a decent period to rectify the hazardous condition but did not do so
- Your injuries were not caused by your recklessness or dangerous activities
1. When You Share Responsibility for an Accident
If you share fault for the injuries sustained, you will not be able to receive compensation in several states. Fortunately, you can still qualify for recompense for your injury in most jurisdictions, even if you were somewhat to blame for the accident.
- Contributory Fault: In a contributory negligence state, a victim can't be compensated for an incident if he or she was even slightly to blame for the accident
- Most jurisdictions follow comparative fault or modified comparative fault rules. Using pure comparative fault principles, individuals have the right to appeal an injury claim even if he or she is 99% to blame for their injuries. Your remuneration is reduced proportionally to the share of the guilt. If you're equally or more accountable for the events that led up to your injury in a modified comparative fault state, you would not be able to obtain any compensation
Key Proof for a Valid Claim
Although the documentation for a government injury claim differs, the key to winning your case is similar to that of any other injury case. Every successful personal injury claim should be supported by solid evidence. The more facts you have about the government's incompetence, the greater your chances.
1. Property Records
It is generally simple to identify government property such as public parks, commuter rail vehicles, public schools, and state roads. Some properties are more difficult to categorize as government properties. It could be necessary to conduct some investigation to determine who owns or controls certain public properties. For instance, if you got hurt on a trip and fell on the uneven pavement outside a retail shop, you would need to visit the property records department or a local tax office to find out whether the government or the retail shop owned the defective pavement.
2. Video and Photographs
Take photos and videos of your injury and the scene using your cellphone. Capture as many images and videos as you can of the unsafe circumstances that led to your accident. Take pictures from various angles to ensure there is no doubt about the hazard. Note that once the state agency finds out about your claim, there is a high likelihood that the dangerous situation that caused the injury will be repaired swiftly. If this occurs, you will have missed an opportunity to acquire evidence critical to your injury claim.
3. Statements of Witnesses
While friends and family make great witnesses, independent observers make excellent witnesses. An independent witness has no financial or personal stake in the result of your lawsuit. Their statements could help you a lot. Request that witnesses note down what they heard and saw on any given piece of paper. Request that they sign and timestamp their statements.
4. Incident Reports
Government entities rely on paperwork to function. When you are wounded on public grounds, the management or senior workers will most likely record your details and fill out an incident report.
Notify the store owner or security officer and submit a police or incident report if the event transpired in a retail establishment. Obtain a police report if the occurrence involved an assault.
If medical help is needed, acquire their report. If possible, obtain a copy of any records before leaving the property or as soon as possible thereafter. Make it very obvious that you did no wrong. For instance, suppose you sat down on a chair and it broke. Take note of the department's head title, contact details, and name. In addition, get a copy of the report of the incident.
5. Admissions Against Conflicts of Interest
Once you've sustained an injury, pay attention to any comments made by the state officials. Keep an eye out for remarks on the unsafe situation that resulted in your injury. Their remarks are especially relevant if they demonstrate that the government was aware of the harmful condition but did nothing to replace, remove, or repair it. Such remarks are confessions against interest, which means they're expressing something that isn't in their employer's best interests. Because staff acknowledged those issues, the DMV would have a difficult time refuting prior knowledge of the seat's unsafe condition. As a result, these admissions provide strong evidence in support of your injury claim.
6. Medical Records
For you to complete your injury claim, you should link your injury to the negligence of the government entity. You should also demonstrate the nature of your injury, the kind of therapy you obtained, and the accompanying costs. Only copies of your medical records and bills, including physicians' test results, notes, and other medical documents, will do. Never put off seeking medical attention for an injury.
Make sure you tell your doctor where, when, and how you sustained your injuries. While witness accounts, photos, and admissions of interest are all significant, the treating physician's official diagnosis is the gateway you'll need to prove your injury was real and was caused by the government's negligence.
Choose a Reputable Lawyer Who Has Handled Personal Injury Claims in Public Places
Your choice of legal counsel is important if you have a personal injury claim against a Florida government organization. You should select a lawyer that has handled cases similar to yours. Personal injury lawsuits under the Florida Tort Claims Act are subject to specific regulations and procedures, and you should be confident that your legal team is capable of efficiently defending your rights.
Frequently Asked Questions Regarding Personal Injury Claims in Public Spaces
Some of the frequently asked questions about personal injuries in public places include the following:
What are the Common Public Property Injuries?
Public places include government buildings, public parks, public sidewalks, federal, state, and local roadways, as well as all other areas owned or controlled by a government entity. Typical injury-causing incidents include:
- Accidental falls on public grounds
- Poorly maintained traffic signals and/or roadways cause vehicle accidents
- A car accident caused by a government staff
- Injuries sustained from public transportation
- Public school assaults
- Drowning in a public pool
- Electrocution caused by fallen electricity lines
- A child's injury as a result of poor playground equipment
- Injuries caused by falling tree branches in public parks or on sidewalks
- Guardrails or handrails that are missing or defective
- Injuries at tax offices, post offices, public housing, libraries, and other locations
State, local, and federal governments are liable for maintaining public property safe for guests, including private citizens and civilian contractors engaged to make repairs or enhancements.
What Are the Deadlines for Pursuing an Injury Claim Against a Government Agency?
Although local and state governments are generally exempt from responsibility for accidents, they have waived that immunity in certain circumstances. Most jurisdictions require you to pursue a specific claim-filing process with the state agency that could be accountable for your accident. The following techniques could be used, depending on the jurisdiction:
- A relatively short (as low as thirty days) deadline for notifying the city or town's municipal department that you got injured
- A written account of your injury claim and the incident (specific location, exact circumstances, degree, and nature of your injury)
- A demand for monetary compensation (some jurisdictions limit the amount you can recover from a government agency)
Some jurisdictions enforce these standards more strictly than others. In several areas, your claim will be disallowed if you submit your claim to the wrong municipal agency, even if it is just down a hall from the right department. Furthermore, you should be certain that your claim is filed with the right government agency.
Assume you stumble over the remains of a bus stop sign and you notify the city authorities. However, if a state statute deems the public transportation authority, rather than the local municipality, accountable for bus stop maintenance, the city would not be responsible, or your injury claim could be prohibited.
If your case is correctly submitted but the government agency fails or denies to act within a reasonable amount of time, you are usually free to initiate a personal injury claim. Speak with an expert personal injury lawyer to ensure that you pursue the proper procedure as well as to ensure that all of your legal options remain open following an injury sustained in a public place.
When Is A Government Entity Responsible For An Injury Suffered In A Public Place?
A government entity is only responsible for an accident on the sidewalk or street if it was irresponsible as well as if the incident was caused by its negligence. The fact that you tripped on a sidewalk or street doesn't mean the town or city was negligent. Furthermore, just because there was a slick or other dangerous condition on a sidewalk or street doesn't prove the town or city was irresponsible. The sidewalk or street had to be exceptionally safe. Then, to establish that the government agency was negligent, you should show that it was aware of, or should have been aware of, the risky situation.
Can I Make An Injury Claim If I've Recovered Completely From All Of My Injuries?
Yes. If you have been injured as a result of a government agency or someone else's negligence, you're eligible for compensation irrespective of where you are in your recovery. Based on the circumstances, reimbursement could be restricted to solely economic damage.
Find a Jacksonville Personal Injury Attorney Near Me
If you or someone you know has recently been injured in a public place, you should consult with a lawyer to make sure that your rights to fair compensation are fully analyzed and safeguarded. The first move is to engage an attorney for a free, no-obligation appraisal of your case. Our team at the Jacksonville Personal Injury Attorney will investigate the legitimacy of your claims and engage with you on a conditional basis, with payment only coming from you if you succeed or settle your claim. Call us today at 904-800-7557 to schedule a free, no-obligation consultation.
