Government Liability

A civil case can arise against an individual, a business or an organization. When the individual works for a public entity, or the business or organization is run by the city, county or state, different laws may apply to hold them liable. 

The California Tort Claims Act sets forth certain rules that apply when bringing a lawsuit against the California government. Although generally speaking, the state government is immune from liability under the Act, certain exceptions apply to allow lawsuits based on premises liability and negligence of an employee or independent contractor. 

PREMISES LIABILITY: In a case involving a dangerous condition, the California government may be held liable if it can be proved that the government had notice of the dangerous condition for sufficient time to protect against it, but failed to do so. 

NEGLIGENCE:  If your injuries were caused by the acts of an employee or independent contractor of a public entity, it may be possible to hold the public entity responsible.  To do so, you must prove that the employee or independent contractor was acting within the scope of his or her employment or assignment at the time of the incident, and that the acts of the employee or independent contractor would typically otherwise be the basis for a negligence claim. 

KTL understands the intricacies of government claims. In 2016, KTL secured a $2.16 million verdict against an airport based on an incident where a woman slipped and fell in the bathroom, injuring her back.  KTL was able to show that the airport should have installed slip resistant tiling in the bathroom, but failed to do so prior to the woman’s fall, causing her injuries. 

Government Liability