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When to file a claim against San Diego’s government for public walkway injuries.    

California – August 19, 2022

Poor sidewalk maintenance in San Diego is linked to serious trip and fall injuries for elderly people, handicapped individuals who may have problems with wheelchair and walker mobility, children and people pushing strollers in addition to scooter riders. The city is aware of the deterioration of many of its crumbled and cratered sidewalks. To decrease costs of legal claims against for personal injury damages and to make the walkways safer for people using them, they have budgeted almost 13 million dollars to repair them.  Slip-and-fall victims should contact a San Diego injury attorney to discuss options toward damage recovery.

Public buildings and meeting places.

Accident victims may have questions regarding the responsibility of the harms they suffer and may not be sure how to report them to gain access to compensation to pay for unexpected medical bills, long term physical injury and property damage. Private building owners are responsible for the upkeep, care, and maintenance of a place where people frequent due to the activities present therein, but public meeting places are to be maintained by the San Diego government entities responsible for a particular region. They include places such as schools, libraries, restaurants, gyms, and places of work, where the owner was aware of a condition that might potentially lead to an accident such as slippery walking conditions, broken railings, damaged tiles, cracked and cratered sidewalks.  Injured victims should talk to an San Diego accident lawyer if they have fallen due to a cracked sidewalk, roadway, spill, broken railing, cracked tile or broken step.

Time to file a claim.

A personal injury accident victim can bring a claim against any responsible party within the two-year time to file a suit after an accident, but San Diego Government entities have specific requirements for accident reporting. Administrative claims must be made within six months from the time of the injury and will need to be filed before a claim can be filed in court.  When an administrative claim is denied, it may prompt litigation and the need for experienced personal injury attorneys in California. A court claim can be filed within 6 months of a denial date when the government entity responds within the 45 days, and otherwise a legal action can commence within 2 years from the date of the incident if they do not respond at all in accordance with Code section 945.6. California law addresses individual property and personal injury death cases under Code Section 911.2 and the government has 45 days to respond under Code section 912.4.

Visible warning signs. 

“Danger and warning” placards may be present and could have an impact on a personal injury lawsuit where the victim claims they were not aware of any dangerous condition.  Damages in personal injury cases may include medical bills, future care for long term or permanent injury, compensation for pain and suffering and loss of companionship, as well as funeral and burial expenses when someone dies because of their injuries.

Hire a lawyer.

 A California accident attorney can assist fall victims who are hurt in public buildings, sidewalks, roadways, and meeting places. Individuals who are injured, or die as a result of a slip-and-fall injury accident due to defective walkways should seek legal counsel immediately by contacting the Law Offices of Jeffrey E. Estes & Associates.

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

Sources:

  1. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=911.2
  2. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=912.4
  3. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=945.6