Legal Question in Personal Injury in California

When you intend on suing the government, you must file a claim with the proper municipality within 6 months to preserve your right to sue.

With regards to proceeding against a municipality, it sounds like your damages are too minimal to warrant a lawsuit since the government usually puts up a tough defense against these type of claims. However, given the facts you presented, I think the best approach would be to take pictures of the area where you fell, put in a claim for whatever damages you have, and try to negotiate a settlement on your own.

Good luck.

If you can prove the drain was 'defective', as in not built to conform to 'code' requirements, then you may be able to make a claim successfully. However, it is my understanding that many drains are built the way you describe. You'll need to hire an 'expert' to see if you can obtain a formal opinion that there was a defective condition. As with Mr. Lupoff's advice, you can file a government claim for damages, but don't expect to get a recovery unless you can show a 'defect'.

This type of Problem with drains is well known and easily fixed by a public entity. If bicycles are allowed to be ridden on the street you were on, going in the same direction of traffic, then the public entity owning or controlling the street should have attached flat crossbars to the drain, perpendicular to the drain grill bars. This would have remedied a dangerous condition to allow the street's bicycles users to ride safely.

You have six months to file a claim against the correct governmental entity pursuant to California Government Code 910, or your claim will be barred.

After that, there are other procedural and substantive rules to follow, such as when to file a complaint in court. If you don't comply with these rules, your claim will be barred.

See how you feel from your incident after a few weeks and consult an attorney to ensure you comply with the legal rules to continue your case until you receive compensation.

You may want to pursue you case in small claims court, if the injuries are small. However, since the incident just occurred, you may want to wait a few weeks to see if you completely heal or whether you have more lasting injuries. If the latter is the case, contact an attorney as soon as possible or after two or three weeks and be sure to obtain pictures of the drain as it was on the day of the incident. Take those pictures and videos as soon as possible, along with showing how the bike's tire is easily wedged in or falls through the drain grate. This would be crucial evidence to your case, but don't ride the bike when you do it, so as to avoid repeating the incident.

Were you wearing a helmet?

Do you have signs of a concussion? Look up those signs on the web--try Google.

If you have further questions or concerns, feel free to contact me.

Ben Glen

1-(877) 236-4536

[email protected]

The accident which you are describing would fall under a government claim. There are strict time deadlines when you are dealing with government claims/claims against public entities such as the city or the county. The statute of limitations for such cases is normally 6 months. You will have to file the appropriate claim forms with the correct public entities within this 6 month time period. Such cases can be complex and it may be best for you to consult with an attorney. In regards to your injuries I would suggest that you seek medical treatment immediately as your injuries may be more substantial that you initially thought.

My office strictly represents people who have been injured due to someone else's negligence/fault. We are strong advocates for our clients and zealously represent injured people. I have been an attorney for 19 years and you can call me for a free consultation. Also, my office works on a contingency basis which means that if we don't recover a settlement for you, you don�t owe us any fees. If you would like to discuss your case with me you can reach me at (888) 529-8255.

Best Regards,

Sharona Eslamboly Hakim, Esq.