Premise Injuries on Public Property

June 2, 2014  |  Adriel B. Villarreal

If a person is injured while on your property, you may be held liable for damages.  As a property owner, it is your responsibility to create a safe environment for both your family and anyone that visits your property. But when premise injuries take place on public property, the issue becomes a little more complex.

Premise Injuries on Public Property – Who’s at Fault?

Public property is usually owned by a government entity. This may be the state or it may be the federal government. Determining who is in charge of maintaining the property will determine who’s at fault.
It’s important to find out who’s in charge of the property as quickly as possible. In some cases, the statute of limitations may be quite short. If the property is owned by the state of MN, you only have six months to file a claim. The statute of limitations for federally owned properties is two years. This is why it’s so important to act quickly if you are hurt on public property and protect your rights while there’s still time.

Understanding Your Rights

In many cases, state laws provide immunity to government agencies and their employees. However, there are some exceptions to this rule. Public entities can be held liable in the following situations:

• If the injury was caused by dangerous conditions on the property. In this case, you need to prove that:
  • The government entity was given notice of the hazardous conditions, but failed to remedy the situation.
  • Your injury was a direct result of the dangerous conditions and your injury was foreseeable.
  • A public employee, within the scope of their employment, was negligent and caused the condition
• If the injury was caused by public employee negligence. Accidents involving public trains and buses are prime examples of this type of case.
• If the injury was a result of the public entity’s failure to warn the public of dangerous conditions on the streets and highways. For example, if a traffic light malfunctions and the public entity is aware of the condition but fails to warn the public, they may be held liable if an accident occurs at that intersection.

Getting the Help You Need if You’ve Been Injured on Public Land

The first step in the process is to find a reputable lawyer that has experience with premise injuries on public property. Fortunately, the team of defense lawyers at BGS have vast experience with these types of claims and can help you fight for the full compensation you deserve.  If you’ve been injured on public property, give us a call, your initial consultation for injury claims is always free.