Personal Injury Laws: Injuries on Public Property vs. Private Property

08/25/2023

Personal injury claims can differ when they occur on public property versus private property—the main distinctions between the two lie in the legal principles and responsibilities that apply in each scenario. Let's take slip and fall accidents, for example. Since injuries sustained on public property versus private property can affect the overall outcome of your case, it's crucial to understand how minor details can have such a significant impact. In this article, we'll discuss how accidents on public property differ from those on private property and how personal injury law firms help injured victims receive the compensation they're entitled to.

It's important to note that personal injury law is complex and subject to continuous change through legislation, court decisions, and societal shifts. If you're seeking specific legal information about personal injury laws in California, it's recommended to consult with a trusted attorney.

Public Property Accidents

Public Property Accidents

Public property typically belongs to government entities, such as federal, state, or local governments. These entities have a duty to maintain public property in a safe condition and warn of any hazards that might exist. If someone is injured on public property due to a hazardous condition, they may be able to file a personal injury claim against the government entity responsible for maintaining the property. Furthermore, depending on the jurisdiction, there might be specific notice requirements for public property claims. This means that the injured party might need to notify the government entity of the hazardous condition within a certain timeframe. Generally speaking, the statute of limitations in California when filing a personal injury claim is two years. However, this timeline is usually reduced to six months if the accident occurs on public property.

Personal Injury Claims Against Government Agencies

You may have heard of sovereign immunity in reference to personal injury claims against the government. But what does this mean, and could it affect the outcome of our case? It depends. Many governments have some level of immunity from certain types of lawsuits, including personal injury claims. However, many jurisdictions have waived or limited this immunity to a certain extent for cases involving dangerous conditions on public property. If you've been injured on public property, contact a personal injury law attorney as soon as possible. A knowledgeable attorney can help you explore your legal options and ensure you understand your rights.

Personal Injury Claims Against Government Agencies

Injury on Private Property

The owner of private property is responsible for maintaining their property in a reasonably safe condition for visitors. Visitors on private property are often categorized as invitees, licensees, or trespassers. The level of care owed to each category can vary, with the highest duty owed to invitees (those who are on the property for the owner's benefit) and the least duty to trespassers (those who are on the property without permission). In personal injury claims on private property, the injured party generally needs to demonstrate that the property owner's negligence led to the injury. This means showing that the property owner knew or should have known about a hazardous condition but failed to address it. Property owners often carry liability insurance to cover potential injury claims on their property. This insurance can help compensate injured parties for expenses, such as medical bills, lost wages, and other damages. But keep in mind, the insurance company has no obligation to protect your rights—their client is the property owner, not you. So, how can you receive fair and just compensation for your injuries? By finding a local personal injury law firm with dedicated attorneys willing to fight for your rights.

Los Angeles Personal Injury Lawyers

Contact a Los Angeles personal injury attorney who can help you navigate the legal landscape of personal injury laws in California. Yepremyan Law Firm has been a trusted legal advisor since 1998. We serve clients within Southern California and are available for a free consultation to evaluate your case. Our firm works on a contingency basis for all personal injury matters. This means we only receive compensation if and when your case has been settled or won. No recovery, no fee.

We offer 24/7 support—schedule your appointment today and let us know how we can help.


*No Legal Advice Intended. This website includes general information about legal issues and developments in the law. These materials have been prepared for general informational purposes only and are not intended to be legal advice. Please consult an attorney for legal advice pertaining to any particular legal matter. Use of and access to this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and Yepremyan Law Firm and any of its attorneys, employees, or associates.

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