CARLSBAD DANGEROUS CONDITION OF PUBLIC PROPERTY ATTORNEY
“Dangerous condition of public property” is a form of Premises Liability case. In a typical premises liability case the plaintiff must prove that the owner or operator of the property was in some way negligent. However, dangerous condition of public property cases involve injuries that occur on public property due to a government entities’ conduct. In order to establish a successful claim for dangerous condition of public property in California, the plaintiff must prove that:
- The defendant owned or controlled the property;
- The property was in a dangerous condition at the time of the incident;
- The dangerous condition created a reasonably foreseeable risk of the kind of incident that occurred;
- Negligent or wrongful conduct of defendant’s employee acting within the scope of his or her employment created the dangerous condition or defendant had notice of the dangerous condition for a long enough time to have protected against it;
- Plaintiff was harmed;
- The dangerous condition was a substantial factor in causing plaintiff’s harm.
The above are defined by California Civil Jury Instructions.
What is a Dangerous Condition of Public Property?
A “dangerous condition” is a condition of public property that creates a substantial risk of injury to members of the general public. The injured party must be using the property with reasonable care and in a reasonably foreseeable manner. If the condition creates only a minor risk of injury, it will not qualify as a dangerous condition. (CACI 102). Here are some examples:
- Sidewalks and walkways that have cracks, are uneven, or need other repairs;
- Inadequate traffic warning signs or signals such as “curve ahead” or “merge”;
- Inoperable or ineffective street signals directing traffic;
- A condition which allowed a third party to commit a theft or assault due to the negligence of the owner of the property. E.G. Poor lighting;
- Roads or highways with dangerous designs, including lack of maintenance, ineffective drainage, poor visibility, and dangerous drop offs.
When Should I Contact A San Diego Dangerous Condition Of Public Property Attorney?
Unlike the typical negligence case in which a party may bring a claim for negligence within two years of the incident, the California Tort Claims Act requires the injured person to file a government claim within six months of the date of injury. If you fail to do so, you cannot file an actual lawsuit unless there was an extenuating circumstance that led to your failure to file a timely government claim. As a result of these strict requirements, you must act quickly and call an attorney right away. At Stipp Law Firm, APC, we will help you make informed decisions about your potential case and consult with experts and investigators immediately.
How Will Dangerous Condition Of Public Property Lawyers With Stipp Law Firm, APC Help?
At Stipp Law Firm, APC, we are well versed in California premises liability law. We have handled these cases, we know the statutes, timelines, and how to litigate them from start to finish. Moreover, we have handled many cases in San Diego, Carlsbad, Oceanside, San Marcos, Vista, Escondido, Encinitas, and Fallbrook, and Temecula. Therefore, we are also familiar with local statutes and laws particular to those areas that may affect your claim. The most important thing you can do when pursuing your claim, is to consult with a qualified attorney. Contact us at 760-994-0480 for a free consultation today.