Dangerous conditions and PREMISES claims
An injury may happen at any time if certain dangerous conditions are present: for example, unsafe road conditions, wet floors, uneven or broken sidewalks, spilled food or drinks, hidden hazards and “traps”, merchandise left out in store aisles or curled up flooring are some examples of dangerous conditions.
Dangerous conditions can also arise from the poor physical condition of a public road/highway and its surroundings. Various government agencies are responsible for maintaining roads and ensuring they are safe for the public, including drivers, cyclists and pedestrians. This could include providing proper signage, lighting, repairs/maintenance, pavement markings, signals and traffic control devices. The government has a duty to design, build and maintain safe roads and sidewalks.
If an accident occurs because of a dangerous condition, the government agency responsible for maintaining the road may be liable, for example the city, municipality, state, or even the United States government. Dealing with government defendants is complicated, particularly since a variety of federal, state, county and city departments may be involved.
There are also special rules and short timelines that govern this area of law. Your right to recovery may be barred or forever prejudiced if you don’t timely pursue your right or claim to recovery. For example, in most cases a government claim must be filed within 6 months from the date of the injury, otherwise the claim can be barred.
Sometimes a driver who has been involved in a collision may not know what caused the collision, or there can be multiple causes for the collision, including a dangerous condition the government failed to properly address. It takes specialized knowledge, resources, skill, and determination to prove and prosecute government claims.
If you have been injured due to a potentially dangerous condition owned or controlled by a public agency or a private landowner, you may be able to obtain financial compensation to cover any financial costs and losses you have experienced, but you need to act fast to preserve the claims and evidence.
We can help you in determining the most beneficial course of action to take for your unique situation. Our firm offers a free case evaluation where we will provide answers to your questions and explain your legal options. Call us at (619) 630-2680 or fill out the form below to schedule a free initial consultation. We offer Zoom videoconference consultations free of charge.