Premises Liability- Municipal Liability/ Public Premises
Claims of premises liability made against government entities can be some of the most difficult to handle. Establishing fault of the government for injuries sustained on public premises can be a complex matter due to the special provisions that provide immunity to certain bodies. Highly qualified lawyers can help get just compensation in the event of any injury on public premises.
Types of Public Premises Liability Claims
Defective streets and sidewalks that are open to the public are among the most common reasons for premises liability claims brought against the government. Others include malfunctioning traffic lights, improper road sign placement, and road obstructions. If an accident occurs due to these and other government-related factors, it is not always cut and dry who will be responsible for damages.
Sovereign Immunity
Sovereign Immunity is a term used to describe a traditional entitlement to government agencies that were found liable in lawsuits. The privilege prevented them from being sued and having to pay restitution. Updates to these laws have established a more limited amount of immunity for these entities. The Federal Tort Claims Act (FTCA) is one such law that many states have used to model changes after.
Under the FTCA
The Federal Tort Claims Act passed in 1946 enabled those previously unable to legally recover damages from the federal government to do so for personal injury, damage to property, or wrongful death. Claims made under the law have to be done in writing, within two years of an occurrence. This law pertains to employees of the government injured while carrying out job-related duties. Yet, it is one of the most widely used for establishing regulations for personal injury claims.
For Those Seeking Relief
Because there are still stipulations and special procedures for filing claims against the government, individuals with valid personal injury claims should research the laws in the state of an accident or occurrence to get an understanding of what circumstances may apply to their case.
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