Whose Fault Was That? Can You Hold A Government Agency Responsible For Your Injuries?
If you were under the impression that if you injure yourself by slipping and falling on government property that your automatically have a case, you may be surprised to find out that isn't always true. Although you can sometimes sue a government agency for the damages you incurred, you have some proving to do first. Look at this to tell if a government agency is responsible for your injuries and what to do if it is.
The Fall
It goes without saying that in order to hold a government agency responsible for your injuries, you must be able to show that it was negligent in some way. That means if you are a perennial klutz who tripped over your shoelaces entering a government building, you probably don't have a case. You and your attorney will need to prove that an unsafe condition existed and that the agency (or an employee responsible for the area) knew or should have known of the unsafe condition, explains NOLO Law for All .
Securing Evidence
You first job is to gather evidence of the unsafe condition. One of the easiest ways to do this is to take pictures immediately after your fall. If a step is broken or ice has accumulated on the steps, capture it on film. Take several images from multiple angles showing the exact nature of the unsafe condition. A sweeping shot of the stairway won't do you much good, but a closeup of that broken rail may be the pivotal piece of evidence.
You also need to take pictures of your injuries, which includes those bloody jeans or torn skirt. This does not replace medical records, but serves to verify the injury occurred at the location.
Report the Incident
If you fall and injure yourself on government property, report the incident to the person in charge at the agency. Fill out all paperwork and include the date and time of the incident. This is an important step, even if you don't think your injury is serious. Reporting the incident gives you a record of the accident and ensures that the agency is aware of the issue. If you later sue for damages, your report will substantiate the accident and lend credibility to your claim.
Following Procedures
Government agencies require strict compliance with their procedures for filing a formal complaint or the intent to sue for damages. Although there may be some variation between government agencies, NOLO says the following information is typically required.
- Your full name, address and contact information.
- A description of the accident and the injuries sustained, including your medical and associated costs. This includes the date and time of the accident.
- A description of the unsafe condition.
- An explanation of how the unsafe condition caused your accident. A broken, raised nail on the bottom step isn't likely to cause a fall as you stumble over the top step, but may be the cause if you trip and fall at the bottom of the stairs. Include as many details as possible to make your case.
Filing a Case
Government agencies can be sticklers if you accidentally file your intent to sue with the wrong office, even it is across the hall. Improper filing may jeopardize your right to sue for damages, as the the window of time for filing may be a short as 30 days. Call the local municipality's administration office to determine the proper address, or contact your attorney for legal advice.
Remember, if your slip and injure yourself on government property, gather evidence first and then report the incident to the agency. This protects you if you decide to sue for damages in the future. Contact your lawyer for guidance in filing a claim, should the need arise.
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