Dangerous Conditions on Public Property

Public Property That Creates a Substantial Risk of Injury to Members of The General Public

When a state or local government fails to ensure that public properties, such as parks, playgrounds, roads, or sidewalks are safe for use by the general public, unsuspecting passersby can be seriously hurt. A pot hole in the road can cause an otherwise cautious driver to suffer tragic injuries in an accident. A cracked or uplifted sidewalk can trip a pedestrian, causing them to fall and sustain head trauma or other injuries. Even though a government does not have to keep its property in perfect condition, the government can be held responsible for these injuries by allowing a dangerous condition to exist on public property.

Confronting a government entity after an injury accident can be intimidating, time consuming, and confusing. But at Peterson Law Group PC, our trial lawyers have the experience, resources and skill to take on state or local agencies on your behalf. If you or a loved one has been hurt as a result of a public entity's oversight, please call us at (213) 236-9720.

What Is a Dangerous Condition?

In order for a public property to be considered "dangerous", the conditions must present a substantial risk of harm to those using the property as it is reasonably expected to be used. These conditions can include, but are not limited to, the following:

  • Hazardous road designs, repair or maintenance, including subsidence, cave-ins, improper drainage, road drop offs, blind curves or poor visibility.
  • Negligent maintenance or control of a public property that allows dangerous conduct from other parties, such as theft, assault or other criminal activities.
  • Cracked, uneven, faulty sidewalks or walkways.
  • Broken, inoperable or absent street signs or signals.
  • Lack of a warning sign where one would expect a sign to be, or should be.

With cases involving public property, it is crucial to speak with an experienced attorney to determine whether you have a valid claim and to secure strong representation.

Proving Fault against a Public Entity

In order to have a valid claim against the city or other public entity for creating a dangerous condition on public property, or allowing the condition to exist, an injured person must show at a minimum:

  • The property is owned or controlled by the state or local government;
  • The property was in a dangerous condition at the time of the incident;
  • The dangerous condition created a reasonably foreseeable and substantial risk of the kind of harm that occurred;
  • The public entity had notice of the dangerous condition for a long enough time to have warned others about the danger or repaired it, or the public entity's employee created the dangerous condition;
  • The public entity failed to take measures to correct the danger; and
  • The victim suffered injuries as a direct result of the dangerous condition.

Why You Should Choose Peterson Law Group

The challenges of taking on a public entity can be overwhelming and intimidating, but we are trial attorneys with the experience, knowledge, persistence, and creativity needed to take on your case. We have a strong track record of success and we will fight tirelessly to ensure that you achieve the best possible outcome for your case. Contact our legal team to learn more about your rights and options.

Act Immediately

Claims against public entities and government agencies generally must be filed within a specified time as established by California law; this is referred to as the Statute of Limitations. For example, an injured person must file a notice and claim form with the government agency within six months of the injury or they could permanently forfeit their right to seek compensation for their injuries. Do not delay. Even if you are unsure whether you have claim, contact an experienced lawyer as soon as possible.