Slip-and-falls are serious accidents that can happen anywhere, even in a seemingly safe government building. However, it is important to be aware that filing a premises liability claim against a government entity is different from filing against a private business.
This type of claim falls under the concept of municipal liability. Local governments are directly responsible for maintaining safe conditions on their property and are accountable for damages if they fail in that responsibility.
Steps to take after the fall
After slipping and falling in a government building, the first step is to report the accident immediately. Notify building personnel about the fall and ensure the incident gets documented. Seek medical attention to assess any injuries. The resulting medical records are another essential element in your claim.
If possible, gather evidence at the scene. Take photos of the hazardous condition that led to the fall, whether it was a wet floor or uneven surface. Try to find witnesses who saw the accident and can provide statements. Collecting evidence strengthens the claim by proving negligence on the part of the government.
Filing a premises liability claim
In New York, filing a premises liability claim against a government entity follows a strict process. You must file a Notice of Claim within 90 days of the accident. This notice provides the government with details about the accident as well as the injuries, and damages you are claiming. Failing to file the notice within the required timeframe may result in losing your right to seek compensation.
Understanding municipal liability
Municipal liability refers to the responsibility that government entities have to maintain their properties in a reasonably safe condition. However, proving this liability can be challenging, as governments are often protected by “sovereign immunity.” This doctrine limits lawsuits against the state or city, but exceptions exist for dangerous conditions like slippery floors or structural hazards that cause injuries.
Filing a claim against your local government can be daunting. However, there is an established process that exists specifically so you can receive the compensation you deserve after an accident on government property.