If you have sustained injuries on government property, it’s important to understand that it will involve a unique filing process. The statute of limitations is often much shorter. Please continue reading as we explore what you should know about these matters and how a skilled Prince George’s County Slip and Fall Lawyer can assist you in fighting for the justice you deserve.
What is Premises Liability?
In Maryland, property owners have a legal duty to detect and address potential hazards that could lead to accidents and injuries on their premises. If a property owner fails to fulfill their duty of care and someone sustains an injury on their property due to dangerous conditions, the owner may be held liable under premises liability laws. It’s imperative to understand that the government is subject to the same premises liability laws as private property owners.
How Do I File a Claim for Injuries Sustained on Government Property?
If you have been injured on government property in Maryland, it’s crucial to understand your legal options. Generally, the government is protected under sovereign immunity. This doctrine prevents the government from being sued without its consent. However, the Maryland Tort Claims Act (MLGTCA) allows you to pursue legal action against the state government, its agencies, and employees under specific circumstances. When the state waives its rights to immunity, it’s important to note that you will need to adhere to additional rules.
The Tort Claims Act requires you to act more quickly. Those who wish to file a lawsuit against the government after an injury must initially file a Notice of Claim. This is a formal written document that informs the government that it may be subject to a lawsuit. This provides them the opportunity to investigate the merits of the claim. The statute of limitations for a personal injury claim is typically three years from the date of the injury. However, the statute is much shorter for injuries sustained on government property. In Maryland, you must send a Notice of Claim within one year to pursue a claim, which is an increase from the 180-day limit.
You should note that if your claim is successful against the state, there is a limit on the amount the state is required to pay you. Under MTCA, the state cannot be held liable for more than $400,000 for injuries arising from a single accident.
At McCarthy, Winkelman & Mester, L.L.P., we are prepared to help you navigate the complexities of this legal process and fight for the compensation you deserve. Connect with our firm today to learn how we can assist you during these difficult times.
