Dangerous Conditions of Public Property
Serving Oxnard & All Of Ventura
At Schurmer Reese Davies we regularly receive calls from injured individuals who believe a state or local government agency may be responsible for the injuries they have suffered as a result of an accident.
In cases involving dangerous conditions on public property it is extremely important for you to work with an experienced and talented litigator as there are a number of legal nuances your attorney must be aware of to successfully present a claim against a public entity.
Call (805) 470-1628 to discuss your case and discover how we can help. We offer free case evaluations and provide personal injury help for Oxnard and all Ventura County.
What Is Considered a Dangerous Condition?
According to Government Code Section 830:
A ‘Dangerous condition’ means a condition of property that creates a substantial (as distinguished from a minor, trivial or insignificant) risk of injury when such property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it will be used.
Or more simply put, a dangerous condition exists when there is a considerable risk of injury when the property is used as expected.
This code section applies specifically to governmental bodies including:
- The city
- County
- State
- Other public entities (See Governmental Liability)
The following are examples of different types of situations that might constitute a dangerous condition on public property case:
- Uplifted, uneven and cracked sidewalks and pathways caused by tree roots and other items. (See Slip/Trip Falls) Occasionally these cases can be pursued as cases against the responsible public entity and as well as against the private home or landowner.
- Negligent ownership, maintenance and control of recreational areas such as lakes, sand dunes and other similar areas.
- Negligent ownership, maintenance and control of public property that leads to dangerous conduct from third persons.
- Dangerous design, maintenance, repair and control of public roadways and intersections.
Examples of Dangerous Conditions Include:
- Dangerous street and road drop offs like cliffs and ravines
- Defective or missing guardrails
- Improper drainage that can lead to ponding and hydroplaning
- Dangerous and blind curves from inappropriate design
- Lack of, inappropriate, or poorly placed warning signs
- Potholes, subsidence and road cave-ins
- Visibility restrictions due to improper design or other hazards
How We Can Help
Each case involving a dangerous condition on public property involves its own factual scenarios requiring the attention of an experienced and knowledgeable attorney. Our team at Schurmer Reese Davies we have over twenty years of experience handling these types of cases and understand the challenges our clients face pursuing a claim against the government.
If you or a loved one has been injured as a result of a dangerous condition on public property, we encourage you to give us a call to discuss your case.
What Is a Public Entity Claim?
In personal injury cases, you typically have two years to bring a claim against the responsible parties. In any public entity claim you are subject to much shorter time frames and must file a claims notice with the responsible government agencies within 6 months of the injury.
If you fail to file your claims notice, your claim may be permanently barred. As a result of the shortened time frames it is extremely important that you contact an experienced attorney as soon as possible after your injury.
Many clients find that trying to file the claim with the appropriate government agency can be very difficult because determining who is responsible for the area in question isn’t always easy. At Schurmer Reese Davies we will help you determine who the responsible government agency (or agencies) is and will file the claim on your behalf.
If your claim is denied, we will move forward with litigation and will file a lawsuit on your behalf. At Schurmer Reese Davies we have handled a large number of cases involving dangerous conditions on public property and will help you through every step of the claims process.
We will ensure that timely notice is provided to the responsible government agencies ensuring your right to bring a lawsuit if necessary.
Decades of Experience
Millions of Dollars Recovered for
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“Excellent service! Very professional and made this whole process stress free I highly recommend the Schurmer firm.”- Nazario Dorado Silva
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“I would highly recommend The Schurmer Firm . They go above and beyond to fight for what you deserve. They take the time to listen to their clients and they truly believe in the idea of justice.”- Glenda Solomon
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“Once again (2ndx) Mr Schurmer, Sal and Joey were amazing! They worked diligently on our accident case. No need to look further. This family firm gets the case work done. God Bless them.”- Mary Holguin Guerrero Gonzalez
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“I would highly recommend The Schurmer Firm. They helped me out during a tough time and made this so easy for me to do and took the stress off my back.”- Lizbeth Reyes
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“Their team went above and beyond to handle my case with care, expertise, and efficiency. From the initial consultation to the settlement, they kept me informed and reassured every step of the way.”- Will Jandro
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I have met with Earl on a number of occasions and he has always been very professional. He is a very good attorney.- Brett H.
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I was hurt in a car accident and thanks to this firm I got the medical help I needed to return to work and put my life back together. I felt protected and was always in the loop with all the big decisions. I want to thank all the staff there, Earl, Joey, Sal, Justin and everyone else in the office.- Sergio B.
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Mr. Schurmer and his staff are the best. They take the time to understand your case and really care.- Dan A.
