Slip and Fall on Government Property
Slip and fall injuries can lead to significant setbacks in the form of medical bills as well as recovery time for individuals. In many cases, it may be possible to file a personal injury lawsuit against a negligent property owner to recover compensation for a slip and fall injury. However, what happens if the slip and fall incident occurs on government property?
Here, we want to examine how personal injury claims against government entities operate a bit differently as well as the likelihood of recovering compensation in these situations.
Where a Slip and Fall Could Occur on Government Property
Slip and fall accidents are one of the most common types of premises liability claims that occur. Individuals can slip and fall anywhere they go, and sometimes these slip and fall incidents are caused by the careless or negligent actions of a property owner or operator.
What many people do not realize is that they are on government property more often than they realize. This means that the chances of slipping and falling on government property are relatively high. Think about all of the following locations that you may visit at least on an annual basis:
- A state tax office
- North Carolina DMV office
- Local county complexes
- City or town halls
- Government-run recreational centers
- City, county, or state parks
- Government monuments
Slip and fall accidents can occur in a wide variety of ways on any type of government property. This can include the failure to clean up spills of food or drink, allowing icy surfaces to persist in pedestrian areas, electrical cords running across pedestrian pathways, uneven walking surfaces, broken pavement, slippery floor mats, and more.
The North Carolina Tort Claims Act
Anytime a person has to file a personal injury claim against a government entity in this state, they will have to turn to the North Carolina Tort Claims Act (NCTCA). Governments typically have sovereign immunity that prevents them from facing lawsuits, but most state governments have passed a law that allows them to waive this sovereign immunity so they can face a lawsuit in certain situations.
The NCTCA does allow individuals to file lawsuits against the state, county, and local governments if the careless or negligent actions of the government entity or an employee of the government causes a slip and fall injury. Individuals can file lawsuits against the state government as well as county and local municipal governments in North Carolina.
Any claim filed under the North Carolina Tort Claims Act, including those against state or local governments, must be filed through the state Industrial Commission. The compensation recoverable by an individual if their claim is successful are similar to those recoverable and typical personal injury claims. This can include compensation for medical bills, lost wages, property damage, and pain and suffering losses.
There are specific timeframes involved, as well as caps on certain types of compensation, and we encourage you to work with an attorney to move forward with your claim. Due to the complex nature of claims against government entities, as well as the arduous process of proving fault, a skilled lawyer will be needed so they can use their resources to conduct a complete investigation and work with trusted medical professionals to help with your claim.
Call us today to speak with a Raleigh personal injury lawyer.