Personal Injury Claims for Accidents on Public Property

According to the National Safety Council, over 17,000,000 Americans sought medical care for injuries that occurred in public places in 2022. This constitutes an incidence rate of nearly one in 19 people in the United States over a period of just one year. In many cases, the victims of these preventable injuries question whether the law is on their side with respect to filing a personal injury claim against a government entity.

In the State of Washington, if a person is injured in a public space like a park, government building or roadway, he or she may be entitled to compensation by the local government. While many states have historically enjoyed far-reaching immunity from legal challenges in their own jurisdictions, Washington State affords its citizens greater opportunities for seeking restitution in cases where an injury occurs as the result of the negligence of government employees. If you have fallen victim to a preventable injury in a public space, here is everything you need to know about filing a personal injury claim in the State of Washington.

What constitutes a public property injury? 

First and foremost, it is important to understand the difference between injuries that occur in private settings and those that take place on public property. If a person is injured in a privately owned/operated location like a store, corporate office or personal home, he or she would seek to collect damages from the private entity responsible for that space.

However, in cases where an injury occurs in a space that is owned and operated by the government itself, the victim of that injury may be entitled to compensation directly from the government entity. In the state of Washington, claimants may claim damages for injuries that occurred as the result of the negligent conduct of “local governmental entities and their officers, employees, or volunteers, acting in such capacity.”

Here are a few examples of incidents in which a claimant may be entitled to damages from the local government:

• An individual who was hit by a city bus because the driver was texting while operating the vehicle
• A city resident who slipped and fell on an unmarked wet floor at the local DMV
• A driver who was T-boned by another vehicle because a stop sign was not sufficiently visible in an intersection
• A claimant who sprained their ankle after stepping in a large crack in the city sidewalk

I was injured on public property – what kinds of damages am I entitled to?

Unexpected, preventable injuries can significantly disrupt lives, often leading to steep medical expenses, missed work, lost wages and emotional distress. Individuals who incur injuries on public property may be entitled to monetary compensation for any and all of these expenses. Claimants are encouraged to file damage claims that comprehensively account for the full scope of the losses they incurred as a result of the government’s negligence. Washington State does not place a cap on damages in personal injury cases, so claimants can and should meticulously account for all of the financial and personal ramifications of their injuries.

Are there statutes covering personal injuries in public spaces?

While the Washington State Constitution does not explicitly codify citizens’ rights to file legal claims against the State government, the Washington Tort Claims Act enumerates and expands upon the State’s liability in cases of public injury. As a result, those who incur injuries because of “tortious conduct” on the part of the State or its employees can file claims for damages against those government entities.

Personal injury claims against the State are overseen by the Department of Enterprise Services’ Office of Risk Management. Prior to initiating a lawsuit against the State, an injured party must file a Notice of Claim with the ORM for evaluation. The Washington State Tort Claim form is readily available on the DES’ website and may be submitted online, by fax, by mail or in person.

What to include on a tort claim form

According to Section 4.96.020 of the Revised Code of Washington (RCW), all tort claim forms submitted to the Office of Risk Management must include:

• The claimant’s name, date of birth, and contact information
• A description of the conduct and the circumstances that brought about the injury or damage
• A description of the injury or damage
• A statement of the time and place that the injury or damage occurred
• A listing of the names of all persons involved and contact information, if known
• A statement of the amount of damages claimed
• A statement of the actual residence of the claimant at the time of presenting the claim and at the time the claim arose.

Additionally, the completed form must be signed by either the Claimant or his/her attorney, guardian or other individual with written power of attorney from the Claimant. Completed and signed forms are then reviewed and investigated by the ORM, who may request additional information or documentation as part of their investigation.

How long do I have to file a claim?

The Revised Code of Washington stipulates that Claimants have 3 years to file a claim after becoming injured on public property. After this period of time, injured parties waive their right to seek monetary damages from the State. It is recommended that any individual who suffers a preventable injury in a State-run location or facility files a tort claim as soon as they are able to do so.

When to file a lawsuit

The State of Washington has 60 days to respond to any properly filed tort claim before the Claimants may take any additional legal action. In some cases, the ORM may be able to resolve and settle these cases without the need for a formal lawsuit. However, if a Claimant is dissatisfied with the resolution offered by the ORM, he or she may seek legal counsel to explore additional options or to file a personal injury lawsuit.

Common challenges to personal injury lawsuits

Public property personal injury lawsuits can often prove daunting for plaintiffs and their legal representatives. The most significant challenge in many of these cases is proving that an injury did, in fact, occur as the direct result of tortious conduct or government negligence. Generally speaking, Plaintiffs in these cases must establish:

1. That the government had a duty to the Plaintiff to maintain a safe environment
2. That the government or its employees failed to adhere to that duty
3. That the Plaintiff did, in fact, suffer some measurable harm in the incident
4. That the government’s breach of duty directly caused that harm to the Plaintiff

It is highly recommended that injured parties secure the services of experienced and knowledgeable personal injury lawyers to help them navigate the complexities of these personal injury cases and maximize their chances of receiving the damages they deserve.

How our personal injury lawyers can help

If you have suffered an injury as a result of an accident that occurred on public property in Washington State, the personal injury lawyers at Smith McBroom are here to help. Whether you need help assessing and determining your damages, filing a Notice of Claim or taking the next steps towards a personal injury lawsuit, Smith McBoom’s dedicated team of personal injury lawyers can help you secure the compensation you deserve. Give us a call today or complete the contact form on our website to schedule a consultation and case evaluation with our team.