The heading of this post gives a common query to arise in the minds of people who at some point in time, met with a slip and fall Accident at a public space. Many of such incidents happen due to negligence from the part of government authorities. A victim of such a mishap can absolutely file for a claim against the concerned authority, or against the government as a whole.
The first and foremost condition to file a premises liability claim is that you must have fallen, slipped, or tripped on a government or public owned property. The California Tort Claims Act permits the ability to file a claim against the cause of the accident, which can be a government entity or any on-duty employee. Negligence is the basis of a majority of liability premises claims. Moreover, a claim against the government can be brought by the victim with no genuine cause, as it is their right.
Notwithstanding the rules for filing, a fall claim and standard slip are totally different. You will be advised to submit a Notice of Intent to Sue in the written format, rather than going with your claims to the court. If you are hoping to sue over a personal injury or property damage, you must submit the notice not later than inside a time of six months, whereas the time for submitting any notice on any other claim is nearly one year. Ultimately, the right to compensation will be denied once you have gone beyond your deadline.
Any governing body or clerk can be relied upon for filing the initial notice by the victim directly with the at-fault. At times, if the state agency or employee is the defendant, the California Department of General Services Office of Risk Management will receive these kinds of claims. The victims can themselves create a form by giving the details of the accident and the amount along with their name and address, if the departments fail to provide a form.
You may continue moving with the lawsuit or settlement negotiations until the defendant files an appropriate response within 45 days. In the attempt to achieve a final settlement, the victims may have to enter into mediation after the defendant has accepted the claim. However, a Notice of Right to Sue will be issued to the victim if they are denial. A lawsuit can be filed against the government within 6 months from the time of receiving the letter. Moving against the government with the absence of a legal representative may prove unwise.