If you are injured on public property, such as an airport or a public park or facility, the public entity that owns or manages the property may be liable for your damages and injuries. However, in order to make a claim against a public entity, special rules apply.
Public entities may not be sued without their consent. Such consent takes the form of statutes, or laws, which set out the circumstances under which the public entity can be held liable. They also set out specific procedures for making claims for damages and injuries, which are different from procedures that ordinarily apply to private individuals or companies.
Prior to suing a public entity (i.e., city, county, municipality), you are generally required to:
- File a written notice of claim or a special claim form with the public entity within a specified time period from the date of the accident or injury
- Specifically describe in detail your accident and why you feel the public entity is liable
Failure to first file a written notice of claim or special claim form with the proper public entity may result in dismissal of your lawsuit. However, the public entity's denial of your claim does not mean the case is over. A judge or jury can still hold the public entity responsible for its actions.
If you or a loved one has suffered an injury, the experienced personal injury legal team at Roberts & Roberts is here to help with compassionate, aggressive representation. Please call 800-248-6000 or contact us for a free consultation.