Sign showing warning of caution wet floor

Generally, when you sustain an injury on someone else’s property through no fault, you are entitled to pursue legal action against them to seek monetary compensation for the damages you have wrongly endured. However, when you are injured on government property, your right to recover compensation is severely limited. When a slip and fall accident occurs on government property, your claim will be more complicated than if a private party were at fault. This is primarily because government agencies are protected under sovereign immunity. The state has passed laws enforcing strict procedural requirements for filing injury claims to limit how much compensation a victim can receive. As such, it’s crucial to understand these rules if you file a personal injury claim against the government. Please continue reading to learn how an adept Bronx Premises Liability Lawyer can help you hold responsible parties accountable for their negligence. 

Who is Liable for a Slip and Fall on Government Property?

Like other property owners in New York, the government can be liable for slip and fall injuries if it can be shown at fault for an accident. That said, a victim must prove that the municipality was responsible for keeping the premises safe; they failed to fulfill that responsibility, and that failure caused the damages. It’s important to understand that the government isn’t automatically liable. To recover compensation, you must prove that the municipality knew or should have reasonably known about the unsafe conditions that caused your injuries and failed to take the necessary steps to remedy the issue.

What is Sovereign Immunity?

The doctrine of sovereign immunity protects the federal and state governments from lawsuits resulting from injuries occurring on government property. However, the state can waive sovereign immunity for injury claims in which the injured party complies with strict processes and regulations. For instance, to file a claim against a municipality, you must file a Notice of Claim within 90 days of the incident. It must be filed as a written document informing the governing body about the incident on the government property and the resulting injury. This affords the municipality the opportunity to investigate the merits of the claim. After the Notice of Claim has been filed, the municipality will have 30 days to respond to the notice.

If you have been injured on government property in New York, please don’t hesitate to contact a seasoned Bronx premises liability lawyer, who can help guide you through the claims process. At James Newman, P.C., we are prepared to seek justice on your behalf. Allow our firm to represent your interests today to maximize your chances of a successful outcome.