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When Is the Government Liable for Injuries?

by | Jul 18, 2023 | Injuries | 0 comments

Personal injury accidents can happen anywhere, and in some cases, government entities can be held responsible for the damages victims suffer. Victims may be able to recover monetary compensation from the government for their medical bills, lost wages, pain and suffering, and other losses, but how do you know if the government could be held liable for your injuries?

Whether you were injured in an accident caused by a city bus, suffered a slip and fall in a state government building, or you were hurt in another incident in which a government entity may be liable, now is the time to seek legal counsel. Attorney Paul M. Dominguez can conduct a thorough, independent investigation into your personal injury accident to identify all of the liable parties, including any government entities that may be at fault for your damages.

Could a Government Entity Be Held Responsible for Your Personal Injury Accident?

In many jurisdictions, governments hold certain protections and immunities that limit their liability. However, they cannot evade responsibility for all personal injury accidents, as there are some situations where the government may be held liable for injuries. Here are a few common scenarios:

Negligence

If a government entity or its employees act negligently, resulting in injuries to individuals, the government may be responsible for a victim’s damages. For example, if a government-owned vehicle causes an accident due to the driver’s negligence, the government might be liable.

Dangerous or Defective Conditions

If a government-owned property or infrastructure has dangerous or defective conditions that cause injuries to people, the government may be held liable. This could include poorly maintained roads, unsafe public buildings, or hazardous public parks.

Failure to Provide Adequate Public Services

If the government fails to provide adequate public services that directly contribute to injuries, it may be held liable. For instance, if emergency services are unreasonably delayed or a municipality fails to repair broken streetlights leading to an assault, a government entity may be legally responsible for damages.

Constitutional Violations

This could include excessive use of force by law enforcement officials or infringement on freedom of speech or assembly.

Medical Malpractice

If a government-run healthcare facility or a healthcare professional employed by the government provides substandard or negligent medical care that leads to injuries, the government may be held liable for medical malpractice.

Dangerous Activities or Practices

If the government engages in activities or practices that pose a foreseeable risk of harm to individuals, and those activities result in injuries, the government may be held liable. For example, if a government-run research facility mishandles hazardous materials, leading to an environmental disaster and injuries to nearby residents, the injured victims may be owed compensation.

Public Transportation Accidents

If a government-operated public transportation system, such as a city bus, train, or tram, is involved in an accident that causes injuries, the government may also be liable. This includes situations where the accident is caused by the negligence of the driver or due to inadequate maintenance of the vehicles.

Intentional Torts

While government entities are generally immune from liability for intentional acts committed by their employees, there are exceptions in certain cases. For instance, if a government employee assaults or uses excessive force against an individual, the government may be held liable for the employee’s actions.

Inadequate Security

If a government entity fails to provide adequate security measures, leading to injuries caused by criminal acts, it may be held liable. This can occur in situations such as inadequate security that leads to injury, such as in government buildings, public parks, or public events.

The rules and standards for government liability can vary, so it is necessary to seek legal counsel from a personal injury attorney who is familiar with the laws where the accident occurred.

Hold a Government Entity Accountable with a New Mexico Personal Injury Lawyer

If you believe you have a case involving government liability and injuries, it is important to seek legal advice. These types of cases are typically complex, and getting the government to give you the compensation you deserve can be incredibly difficult if you do not have extensive experience with these types of negotiations.

If you believe you have a case where the government may be liable for injuries, contact Dominguez Law. Our compassionate and aggressive team will provide you with accurate information and guide you through the legal process. For a free consultation, call (505) 850-5854 or fill out our contact form today, and we will get back to you as soon as possible. We also speak Spanish.