Proving Negligence In Public Property Accidents: A Step-By-Step Guide

In this article, you can discover…

• What constitutes negligence on public property.
• How negligence is determined in public property cases.
• How to prove an injury to support a negligence claim.

What Is Negligence In The Context Of Public Property?

When you sue a public entity following an accident in California, you’re suing them over their violation of a statute, usually the Dangerous Conditions of Public Property statute. 

For a successful lawsuit, you need to demonstrate that the condition of the street, sidewalk, or other surface was below the standard of care for a reasonable street or sidewalk. You also need to show that the public entity either knew or should have known about the defect and that they had an opportunity to fix it and did not.

It may also be possible to sue the State over the negligence of a public employee who did something negligently or in a dangerous, hap-hazard manner that caused your accident. 

What Evidence Is Crucial For Proving Negligence In Public Property Cases?

Photographs of the defect will be very important. You also should gather complaints from other people to demonstrate that the city knew or should have known about the defect. In San Francisco, records of these types of complaints are stored online and available to members of the public with a sign-in account. 

This process of documenting defects allows you to also note any defect you observe and lodge a formal complaint; this could help someone down the road who is injured by this same defect prove that the issue was known and that the city, county, or State should have repaired it. 

Attorneys Bryan Lamb & Richard Frischer are dedicated personal injury lawyers serving California. For over 30 years, they’ve helped clients just like you file and win suits in public property accidents and hold officials responsible for safety and negligence.

Were you injured on public property and unsure of your options?
Get in touch with The Lamb & Frischer Law Firm at (415) 966-4471 for an initial consultation today. 

Is There Any Other Way To Best Gather Evidence To Prove Negligence?

Apart from prior complaints, evidence can take the form of design documents, maps of roadways or sidewalks, and previous photographs of the scene.

An excellent tool for this is Google Earth. Their aerial and street views are incredibly detailed now; you may be able to check out the location of your injury and note that the same pothole that caused you to trip and twist your ankle was there years ago, proving the city had ample time to repair it. 

What Is The Best Way To Document An Injury In Order To Support My Negligence Claim?

Seeing the doctor provides immediate evidence and documentation of your injury. Getting to a doctor within 24 hours of the injury is best. Be sure to follow up with doctor’s appointments and retain all records from these visits. 

What Are The Most Common Defenses Against Negligence Claims In Public Property Cases?

The city, county, or State may argue immunity from prosecution. Various immunities can be cited at various levels and this is the most common response to a negligence claim that we see. The city may also argue that they simply didn’t know the defect existed and are therefore not liable. 

How Can An Attorney Help Me Prove Public Property Negligence?

A skilled personal injury law firm is your best ally in a public property accident case. A law firm well-versed in these cases is aware of any immunity a city or county may try to claim. Your attorney will also know what to look for in gathering evidence and can collect and catalog this data for you. 

The types of evidence gathered, and a law firm’s legal approach to your case may differ greatly from what you’d imagined or expected, and outcomes can be positive and successful and lead to much-needed safety improvements that benefit everyone.

We Have Experience Handling A Wide Range Of Cases – And We’re Prepared To Help You

Recently, there was a significant issue with the freeway exit ramp off the Bay Bridge. The ramp featured a sharp right-hand turn, but there was no barrier in place to prevent vehicles from veering off the road. This area bordered a public park that also served as a known homeless encampment.

Tragically, a drunk driver navigated the ramp, missed the turn, and fatally struck a homeless individual sleeping in the park. This incident underscored the urgent need for safety measures. After submitting the initial claim, but before we even filed the lawsuit, Caltrans promptly installed a concrete barrier wall around the turn. This new barrier ensures that if a driver misses the turn, they will hit the wall instead of veering into the park, thereby preventing such devastating accidents in the future.

For more information on Proving Negligence In Public Property Accidents, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 966-4471 today.