Oklahoma City Public Property Premises Liability Lawyer
People everywhere trust that when the government builds a public space that they do so in a manner that does not pose any danger to people in those public spaces. However, when a faulty design leads to serious injuries, you need to think about the legal options available to you. With the help of a public property premises liability lawyer in Oklahoma City, you could hold responsible government parties accountable for their costly mistakes. Choose to work with an attorney who is ready to stand by your side and who could vie for the compensation you need to make a full recovery.
Liability for Public Versus Private Property
Liability differs between public and private property because there are caps on recoverable awards as well as the notice requirements to file a governmental tort claim. If somebody is hurt on a governmental or public property, they have to make the initial claim within a year.
Additionally, the classification of the property could complicate a case based on the laws involved. The main complication would be following the statute and making sure the claim is filed in time. If it is a significant injury, Oklahoma does have a cap, based on the population of the city, on the amount of damages somebody may recover. However, the governmental tort cap in Oklahoma City is $175,000.
The damages, commonly known as recoverable losses, that are able to be recovered after a public property premises liability injury are the damages that somebody sustains from their injury. This would include medical bills, pain and suffering, lost income, and any future medical bills or lost income if there is a permanent injury.
Factors That Could Prevent a Recovery of Compensation
The main factor that would prevent people from being able to seek out compensation for their losses would be not filing the claim in time. The insurance companies for the city may treat the initial notice as the claim being filed and then after 90 days, the claim is deemed denied. After the claim is denied or, 90 days after the initial claim, a lawsuit must be filed within 180 days to protect the claim. After that initial notice of the claim, victims cannot bring a lawsuit if the time has elapsed.
The Duty of Care Oklahoma City Has to Residents
Oklahoma City’s duty of care to its residents is the same as any property owner or business would have, and it is to use reasonable care to prevent a dangerous condition for people who are using the property.
In premises liability cases that occur on public property, there must be a dangerous condition that is hidden to the people using the property. If it an open and obvious condition, then the city would not be liable.
Filing a Claim Against the Government
To file an injury claim against the government, the first step would be to file a notice of claim. Usually, that is done through the government’s liability office, that that largely just depends on which entity it is. The government then has 90 days to deny the claim. After 90 days, the claim is “deemed” denied. The claimant then has 180 days to file a lawsuit to protect their claim.
Call an Oklahoma City Public Property Premises Liability Attorney Today
Victims who have been harmed on and because of public property need to understand that recovery is possible. While the concept of taking on the government in a lawsuit seems understandably daunting, working with a public property premises liability lawyer in Oklahoma City could even the odds. An attorney could work with you to gather evidence, file timely claims, and negotiate with the defense counsel on your behalf. However, this is only doable if you reach out for a consultation. Call today.