Oxnard Government Liability Lawyer

Can You Sue the Government?

At Schurmer Reese Davies we regularly hear from individuals who have been injured in situations regarding government employees or accidents occurring on public property.

One statement we often hear from potential clients is that they weren’t sure they should even call us because they thought they couldn’t sue a governmental entity. While government immunity does exist, it isn’t blanket immunity that protects every aspect of government from being held accountable.

In fact, we have represented injured individuals and families that have lost loved ones in claims against the government throughout our firm’s history. Below are a few examples of the types of cases that can be brought against the government.

Our Ventura & Oxnard attorneys provide consultations that are always free and we are happy to answer your questions. Call today or contact us online.

Police Liability

In California, if you are injured by the police you may bring a claim against the police department for your injuries if you can prove that the police conduct violates a “clearly established” constitutional right. This argument can often be made when force is used without evidence of the commission of a crime.

Police officers and departments have been held liable for injuries caused by:

• Use of Tasers
• Use of pepper spray for crowd control
• Unlawful use of their firearm
• Injuries caused by police dogs

Premises Liability

Government agencies can be held responsible for injuries sustained on public property just as any private party would be. A plaintiff must prove 4 elements to bring a claim against the government for injuries sustained in accidents that occur on public property.

The plaintiff must prove that:

• That the government agency owned, leased, occupied or controlled the property where the accident occurred;
• That the government agency was negligent in the use or maintenance of the property;
• That the plaintiff was harmed; and
• That the government agency’s carelessness was a substantial factor in causing the plaintiff’s harm

The most common premises liability claims against government agencies involve:

• Slip and Falls
• Trip and Falls
• Failure to provide adequate lighting
• Failure to safely maintain public recreation areas like parks, playgrounds and swimming pools

Motor Vehicle Accidents

Government agencies are often involved in civil claims relating to motor vehicle accidents. At Schurmer Reese Davies we are comfortable handling motor vehicle accidents involving government agencies in a variety of situations including:

• Auto accidents caused by police officers, fire trucks, ambulances or other emergency personnel. While many emergency responders are careful drivers, accidents can happen when drivers are responding to the radio, distracted by the passengers or simply not paying attention to the traffic around them.
• Bus accidents often involve government agencies because many of the busses operating on the streets and highways are owned by either the city or county. If the bus driver causes an accident with another motor vehicle, both the bus passengers and the occupants of the vehicle will have a claim against the government for their injuries. The government agency responsible for the bus will also be legally responsible for accidents involving bicyclists and pedestrians.