Legal Question in Civil Litigation in California
Injuries substained while at a city park
I was riding my bike at a local park when I went to pass someone by going off the bike trail. When I went to get back on, my bike got stuck where the grass and concrete meet, thus I fell. I broke my thumb and fractured my elbow. I am unable to work. I believe that the grass was lower than the concrete causing the fall. I have to go back to see if this is the case. If it is, is the city liable for my injuries?
I have contacted the parks department but with no response.
2 Answers from Attorneys
Re: Injuries substained while at a city park
I doubt that the city is liable (the accident is most likely your own fault for leaving the trail), but I can imagine scenarios in which it would be. You should consult with a lawyer directly about your rights.
Re: Injuries substained while at a city park
Suits against cities and other public entities can be very complex, because State law provides them with many protections not available to private landowners. [See Calif. Government Code, Sections 830 through 831.8.]
Also, you must file a written claim with the city, on a form that is provided by the city, within six (6) months of the date of the injury. [See Govt. Code, Sec. 911.2(a).] (This is much shorter than the two-year statute of limitations applicable to personal injury suits against private individuals or companies.)
You should be able to get the required claims form from the City Clerk or from the office of the City Attorney.
While you do not have to have an attorney to file such a claim, the great majority of them are denied, and you are probably better off consulting with an attorney before filing, so she can help prepare a persuasive claim and be prepared to file suit when the claim is denied by the city.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
