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Can you file a premises liability claim against the government?

2/26/2016

Are there any times when you can file a lawsuit against the government for exposing you to a dangerous premises? Yes, and in fact, it happens more often than you may think.

One of the most common kinds of premises liability complaints takes place when people are hurt on sidewalks or due to defects involving the roads. Here’s a good example.

Imagine that you’re driving down the street with your child. You have a green light, so you drive into an intersection without expecting anything bad to happen. Suddenly, you get hit by a car. That driver swears that he had a green light as well. What happened? If the lights malfunctioned and caused your accident, then the local government can be liable for your injuries and the damage to your vehicle.

Another situation would be one like this: If you’re walking down a sidewalk and suddenly feel the walkway shift, causing you to fall, you may notice that the sidewalk has not been maintained. The walkway was not secure, and it led to you getting hurt. The local government may be able to be held liable for the condition of the walkway, especially if someone had told the local government about the sidewalk’s defects in the past.

These are just a few examples of when you can claim against the government. You won’t always be able to, and there are times when the government enjoys sovereign immunity, which is why working with your attorney can help you make a decision on whether or not you have a strong enough case to go to court.

Source: FindLaw, “Premises Liability Claims Against the Government,” accessed Feb. 26, 2016

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