Every year, many people are injured on government property – in parks, recreation centers, public pools, on city streets, etc. But premises liability claims against the government are much more complicated than claims against private property owners. If you’ve been injured on government (including state, country, etc.), keep reading for some important information for filing a premises liability claim against the government.
Federal Torts Claim Act
The Federal Tort Claims Act was enacted in 1946. The FTCA allows individuals to get compensated for injuries that they received on federal government property due to negligence of a federal employee. This includes personal injury wrongful death, and property damage.
If an employee is found to be acting within the scope of his/job (which basically means they were authorized by someone within the organization), they can be found negligent and the government entity can be found liable. The FTCA allows money damages to be awarded for a specified amount. Under the FTCA, the tort liability law of the state where the land is governs even federal property.
Portland, Oregon Premises Liability Laws
Anyone who wants to bring a claim against a state government for premises liability needs to be aware that each state has different immunity laws, which means the laws that govern the who/what/where/how, etc. of how to file a claim.
Some state immunity statutes require that the government exercise the same level of care as a private property owner, but many just require “ordinary care” by employees. So if you’ve been injured in Portland, you need to know the premises liability laws of Oregon – no other state laws will apply to your case. Some even differentiate between standards of care based on the type of defect or whether the injured party paid to use the property (like a state-owned campsite, for example).
There are also state requirements regarding written notices and notice of claim, which, if not fulfilled, can be grounds for dismissing a premises liability claim against the state. Each state also has laws governing the amount of damages an injury victim can receive.
Portland Premises Liability Attorney
If you’ve been injured in Oregon on public property, and believe you might have a premises liability claim against a state or federal entity, you should hire Shulman DuBois LLC, Portland premises liability attorneys, to educate you about your rights and guide you through the complicated tort claims process.