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Leav and Steinberg Team

Negligence of Organization: State

In the same way that other businesses or individuals can be sued after an injury, state governments can also be held responsible. However, there are specific rules that must be followed when filing an injury claim lawsuit against a state. State organizations should always ensure that public property is safe, activities are supervised, and dangerous conditions of streets, sidewalks, trees, and traffic controls are taken care of efficiently. If any of these factors create damages or personal injury from a slip and fall, Leav & Steinberg LLP can identify when the state’s duty of care was breached and can pursue compensation on your behalf.

What Happens If I Experience a Personal Injury at a State Organization?

If an injury or incident, such as a slip and fall, involves a public entity or has occurred on public property, including state parks, schools, courthouses, or libraries, the injured party may be able to make a negligence of organization case against the state. Premises liability cases typically involve private businesses or individuals; however, in cases such as these, the involved state may be legally responsible for providing compensation for injuries sustained due to negligence.

As these entities enforce strict limits, acting quickly after a personal injury is essential to file a negligence claim against a state. Many states have different statutes of limitations for a personal injury lawsuit, and often require that a notice of claim be provided to the government before filing in court. It is also recommended that you quickly seek medical attention after a slip and fall, as the records and relevant documents from a physician will help us understand your case and evaluate your legal options.

When Is a Public Entity Liable?

“Sovereign immunity” laws often protect state government entities and employees from legal action and provide immunity from injury claims. However, if intentional behavior causes personal injuries or damages due to a negligent breach of the state’s duty of care, it is still possible to sue and seek compensation. Our experienced team can help you determine accountability and see if you have a case against a state entity for your injuries.

How Do I File a Notice of Claim Against a State Organization?

To successfully file a notice of claim against the government and prove negligence, detailed documentation and relevant accounts of the incident will be required. These records can include the date and time of the occurrence of the injury, an outline of how the incident transpired, the names and residency listings of all the plaintiffs or claimants, and the amount of award you are seeking for damages. You must also follow all procedures and preconditions such as sovereign immunity protections and any statues of limitation.

Leav & Steinberg LLP can asses all these details and determine if your case falls under the negligence of an organization if you experienced an incident involving a state government entity. Contact us today at 212-766-5222 for a free consultation and learn more about filing a claim against New York State.