Tag Archives: public land
Proving Fault in Suits For Injuries on Public Lands
PLAINTIFFS MUST PROVE THAT PUBLIC ENTITY DEFENDANTS WERE AT FAULT FOR INJURIES OCCURRING ON PUBLIC LANDS. A mandatory element of an injured plaintiff’s claims against a government defendant for injuries occurring on public lands is the defendant’s “fault.” Plaintiffs can prove fault by proving either: (a) the public entity created the dangerous condition; or (b)… Read More »
Property Claims Against Public Entities: Foreseeability & Fault
PREMISES LIABILITY-STYLE CLAIMS AGAINST PUBLIC ENTITES MUST INCLUDE PROOF OF FORESEEABILITY. In order to recover on a claim for injuries received or damaged suffered on public property, a plaintiff must prove (among other things) that the dangerous condition of the property created a reasonably foreseeable risk, not only of injury, but of the type… Read More »
Suing A Government Entity For Hazardous Property Conditions
WHAT IS AN ACTIONABLY DANGEROUS CONDITION ON PUBLIC PROPERTY? In order to sue a government entity for injuries or other damages caused by hazardous conditions on public property, or property owned by the government entity, the plaintiff must prove (among other things) that the property was in a dangerous condition at the time the… Read More »
When is Property “Owned” by the Government?
INJURED PERSONS NEED TO DETERMINE WHO OWNS (OR CONTROLS) THE PROPERTY WHERE THE INJURIES OCCURRED. People who suffer personal injuries or property damage due to someone else’s negligent maintenance of property, or due to hazardous conditions on property, need to determine who is legally responsible for the property in question. While it’s tempting to blame the property… Read More »
