Yes, but the process can be more complex since a different set of liability laws govern claims against public entities. However, California law also acknowledges that when we visit public parks, pools or sports centers, we expect these spaces to be safe and well-maintained. When accidents happen due to unsafe conditions or lack of maintenance, the public entity responsible for the facility may be liable.
What do you mean by “public entity”?
Public entities include cities, counties, state agencies and special districts. They manage a wide array of spaces for community use, including:
- City-operated swimming pools, sports fields and courts
- County- or state-run hiking trails and campgrounds
- Public beaches and golf courses
- Skate parks and indoor recreation centers
While beneficial to communities, these facilities may have various safety risks. Not enough staff or lifeguards can lead to accidents. Poorly maintained equipment, missing warning signs, and even bad lighting can cause injuries.
What factors determine liability?
When deciding if a public recreational facility is liable for an injury, courts may look at several key points:
- Duty of care: Did the facility meet safety standards for its type and use?
- Foreseeable risks: Could the facility staff or regular visitors easily predict the danger? Did the facility take steps to prevent it?
- Warnings and safety measures: Were there clear warning signs? Were proper safety measures in place?
- Supervision: Was there enough staff to supervise the activity, considering factors like user age and possible risks?
- Maintenance: Did the facility keep good records of safety checks and repairs?
- Visitor’s status: Why was the person there? Were they an invitee, licensee or trespasser?
- Risk awareness: Did the visitor know about and accept any risks that come with the activity?
It’s important to note that the California Tort Claims Act sets specific rules for filing claims against public entities. It requires injured parties to submit a formal claim within six months of the incident, much sooner than in cases against private entities. The Act also provides certain immunities to government entities and may limit the amount of damages one can recover. Because these cases can be complex and time-sensitive, working with an attorney may be crucial.
Just because it’s complicated does not mean it’s impossible
The process may be challenging, but it doesn’t mean you can’t advocate for your rights. Remember that professional legal help is available when you need it.