Suing a Government Entity: Injuries on Public Property or Public Transit

Injuries can happen anywhere, including public spaces and government-operated services. Whether you were hurt on a city sidewalk, inside a government building, or while using public transit, you may be entitled to compensation.

However, filing a personal injury claim against a government agency involves a unique set of legal rules and deadlines. These cases are handled differently from claims against private individuals or businesses and require careful attention to detail.

Understanding your rights and the process for bringing a claim against a government entity can make a significant difference in the outcome of your case.

Where These Injuries Most Commonly Occur

Accidents involving government-owned property or services are more common than many people realize.

Common examples include:

• Slipping on an icy or broken sidewalk maintained by a municipality
• Tripping on uneven pavement in a public park or plaza
• Falling due to poor lighting or maintenance inside a government building
• Injuries caused by faulty handrails, stairs, or elevators in public facilities
• Accidents on city buses, trains, or subways
• Collisions involving government-operated vehicles
• Injuries sustained at public schools, libraries, or recreation centers

These incidents may result from improper maintenance, inadequate staffing, safety code violations, or negligent behavior by a government employee.

What Makes Claims Against the Government Different

Suing a government agency is not the same as filing a claim against a private company or property owner. Government entities are protected under a legal concept called sovereign immunity, which means they cannot be sued unless specific legal conditions are met.

In New York and many other states, governments have passed laws that waive this immunity in certain situations, allowing people to pursue injury claims under limited circumstances. While these laws give you the right to seek compensation, they also include strict rules for how and when a claim must be filed.

Filing a Notice of Claim Is a Required First Step

Before you can file a lawsuit against a government agency, you must first file a Notice of Claim. This formal written document notifies the government of your intention to seek damages.

The notice must include the following information:

• Your name and address
• The date, time, and location of the accident
• A description of how the injury occurred
• The injuries you suffered and the damages you are claiming

In New York, the deadline to file this notice is typically 90 days from the date of the injury. If the notice is not filed on time or is missing required information, your case could be dismissed before it even begins.

Tighter Deadlines and Special Procedures

In addition to the 90-day notice requirement, lawsuits against government agencies often have shorter statutes of limitations. This means you may have less time to officially file your case compared to a claim against a private party. The exact timeline can vary depending on whether your claim involves a city, county, or state agency.

These rules make it especially important to act quickly after an injury involving public property or transit. Missing a deadline could permanently bar you from recovering compensation, no matter how valid your claim may be.

Proving Negligence Still Applies

Even when you follow the correct procedures, you must still prove that the government was negligent. This involves showing that the agency had a duty to maintain safe conditions, failed in that duty, and caused your injury as a result. You’ll also need to demonstrate the extent of your damages, including medical expenses, lost wages, and pain and suffering.

In many cases, the government may claim it did not have prior notice of the dangerous condition. For example, if you tripped on a broken sidewalk, you may need to prove that the city either knew about the damage or should have discovered it through reasonable inspections. Documentation, photos, and witness testimony can all play an important role in supporting your claim.

Trusted Guidance In Government Injury Claims

If you or a loved one has been injured on public property or while using government-operated transit, the claims process is very different from a typical personal injury case. Strict deadlines, specific notice requirements, and legal protections for public agencies make these cases more complex. Given these complexities, it’s important to have knowledgeable legal representation in these cases.

Our experienced legal team handles every detail, from filing the Notice of Claim on time to building a strategy tailored to the agency involved. Call (855) LAW-2407 today for a free consultation. We are ready to help you protect your rights and move forward with confidence.