Government Liability

Devastating, even deadly accidents sometimes happen as a result of another party’s negligence. When you’ve suffered harm due to someone else’s wrongdoing, irresponsible behavior, or failure to exercise reasonable care, you have a legal right to seek compensation. Victims are entitled to recover damages for medical expenses, lost wages, physical pain, and emotional distress.

But when the liable party is a government entity, the process is significantly different than suing an individual or private company – it can be very challenging, logistically and legally. In California, the California Tort Claims Act (CTCA) sets the rules for suing government entities and employees, imposing strict procedures and tight deadlines for plaintiffs, and tough protections for government agencies. 

This legal process can feel especially daunting in the aftermath of serious injury, yet timely action and proper preparation are critical. It’s essential to have the guidance and support of an experienced government liability attorney.

What claims fall under government liability?

In so many areas of life, we implicitly trust government institutions – local, state, and federal – to keep us safe and ensure that the environment and infrastructure around us run smoothly: roadways, parks, public spaces, schools, government-run buildings, construction sites, and utilities, government employee-operated vehicles, and law enforcement. When an accident or harm occurs due to the negligence or recklessness of one of those agencies, their officials, or employees, accountability is crucial not only for the victim but for the entire community.  

A wide variety of injury, property damage, wrongful death, and civil rights violation suits involve government entities, including:

• Hazardous conditions on public property. Accidents on public walkways, at parks, or in recreation facilities are caused by cracked sidewalks, missing handrails, hazardous playground equipment, slippery pool decks, dim lighting, and other improper construction or upkeep.

• Dangerous road design or inadequate maintenance. Traffic accidents resulting from malfunctioning signals, poor signage, severe potholes, missing or defective guardrails, poorly designed intersections, obstructed views, or improperly marked construction zones. These may involve motor vehicles, bicycles, and/or pedestrians.

• Premises liability in government-owned buildings. Injuries caused by slippery floors, tripping hazards, dimly lit stairwells, malfunctioning escalators or elevators, and other safety hazards in a public building, such as a library, courthouse, or post office.

• Accidents with a government vehicle. A crash or injury caused by a government employee operating a motor vehicle within the scope of their employment. (Exceptions apply for first responders in emergencies.)

• Public transit systems. Accidents involving metro buses, subways, and other government-operated transportation systems; on board, at stops, or with a third party.

• Incidents on school property. School districts are government entities. You may be able to sue for harm stemming from premises liability (unsafe playground equipment or other campus facilities), negligent supervision (failure to properly monitor children), or abuses by faculty or staff.

• Medical malpractice at public hospitals. Negligent care in government-run medical facilities; note that medical malpractice claims may have additional statutes of limitations. 

• Police misconduct. Victims of excessive force, threats, or coercion from law enforcement, police shootings, and other forms of police misconduct may file lawsuits for violation of civil rights or wrongful death. These are extremely complex and sensitive cases.

Establishing government liability

Proving a government agency’s responsibility for harm is complex and has a high bar.

For example, in the case of a traffic accident caused by a road hazard, you would need to demonstrate that: 

1. A government entity owns or controls the roadway where the accident happened.
2. The responsible agency knew about the dangerous condition and failed to act within a reasonable time frame.
3. This hazard directly caused your accident or injury.  

The statute of limitations in government suits

It’s also crucial to know that there is a time limit, known as a statute of limitations, for filing a personal injury claim. In a regular personal injury suit (private), the statute of limitations is generally two years. However, when your complaint is against a government entity, known as an administrative claim, with few exceptions, you have just six months to make the initial filing. The government agency then has 45 days to respond. If the claim is denied, you have an additional six months to file a lawsuit. 

Because the law favors the government, an effective government liability attorney needs not only a deep understanding of the tort process, but tremendous efficiency, mastery of the bureaucratic red tape, extensive familiarity with the region and court system, sophisticated investigative skills, medical knowledge, and access to relevant experts (for example, accident reconstruction). 

Victims and their families need support, sensitivity, open communication, and dedicated advocacy, whether in negotiation or at trial.