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Falls on Public Property

Falls on public property, like sidewalks and roadways, can be the result of a defect or poor maintenance, which should have been remedied by the government agency in charge of the property. If a known hazardous condition exists on public property, causing you to fall and sustain an injury, it would seem apparent that the governmental entity responsible for keeping the property safe should be held liable for your injuries and damages. However, bringing a personal injury claim against the government requires strict adherence to many federal and state regulations.

The Federal Tort Claims Act

The Federal Tort Claims Act (FTCA) allows individuals to bring claims against the federal government for personal injury, wrongful death, and property damage caused by the negligence of a federal employee acting—or failing to act—within the scope of his or her employment. (Prior to enactment of the FTCA, you could not sue the federal government for personal injuries unless an act of Congress permitted it.) Under the FTCA, the only type of relief available to injury victims is money damages for a specific amount.

The FTCA also lays out specific procedures for pursuing a claim against the federal government. First, you must put the government on notice that you plan to seek compensation for personal injuries. You do so by submitting a claim in writing within two years of believing you have a cause of action. Submitting a written claim is mandatory, and failing to do so will most likely result in a dismissal of your premises liability lawsuit.

Georgia Laws Covering Falls on Public Property

Georgia has additional laws at the state level, known as the Georgia Tort Claims Act, that govern premises liability claims arising from falls on public property.   The time requirement under Georgia law are even stricter than those of the federal requirements.  Under Georgia law, you must provide notice of a claim against the state within twelve months from the date of the accident.  Failure to comply may result in your claim being dismissed.  The notice requirements for claims against municipalities, i.e. towns and cities, are even stricter.  For those claims, notice to the municipality must be given within six months of your accident. 

The written claim of notice must state the time, place, and extent of your injury, as nearly as practicable, and the negligence that caused the injury. “As nearly as practicable” means that you must make a good faith effort to be accurate in stating these details, but if some information is unknown or estimated, it is generally sufficient as long as you are as thorough as possible.

Contact the Legal Team at KWFDM after a Fall on Public Property

With these strict time limitations and written requirements, it’s important to talk to an experienced Georgia premises liability lawyer as soon as possible after falling on public property. In the Atlanta area, call Katz Wright Fleming & Dodson, LLC at 404-460-0101. During a free initial consultation, we can help you determine if you have a claim against the government to cover the cost of your injuries.

Client Reviews
I was in a head-on collision last year that put me in a wheelchair with a fractured femur. I needed an attorney and my cousin recommended this firm because he had used Briant Mildenhall for his accident. I was glad I called Briant because he always did what he said he would do and kept me informed. We settled with the insurance company and I'm happy with the result. If someone I know needs an attorney, I will tell them to call Briant because he will get the job done. Michael G.
After a head–on collision I had extremely serious injuries to my back and neck, and some internal injuries. I was airlifted to the hospital and started a huge amount of medical expenses accumulating. I hired a lawyer recommended by a friend but I was not satisfied. My cousin told me about this firm so I talked to Briant Mildenhall about handling the case. I was at ease from the get–go. Briant kept me informed all the way through, was always reassuring and did everything he said he would do. He helped us get the money we needed to get the treatment we needed. Briant was fantastic! Ronda W. (Car Accident)
I was in a car accident that was complicated from the start. I looked on the internet and called a few different lawyers but they turned me down after they heard my story. When I called this firm Lyn Dodson asked me to talk to her in person. I met with Lyn and Rob Katz and after hearing my story they were confident I had a case. They vigorously pursued my case and over time we built a trusting relationship. Lyn even took time to help me with the traffic issues and other aspects of the case. They were always on my side and talked to me about the advantages and disadvantages of my options... Robert W. (Car Accident)
After my car accident, I was looking for an attorney and came across the name Katz Wright Fleming & Dodson, LLC. My intuition told me to call. I called in and Briant Mildenhall talked to me. He was very clear and honest about my options. As the case went forward, Briant and the staff at the law office always answered my questions right away. I was very confident in Briant's legal ability. He kept me informed every step of the way. I would recommend Mr. Mildenhall and the firm to anyone who needs an attorney. Antonio J. (Car Accident)
I would recommend the law firm of Katz Wright Fleming & Dodson, LLC. Lyn Dodson was my attorney after my auto accident. I had confidence in her legal abilities and experience. She did a very good job for me. She was always there to answer the many questions I asked. The firm is very professional. Lyn always gave you her undivided attention. The firm, especially Lyn, worked with you like a long time friend. Joe B. (Auto Accident)
I am 100% satisfied. I called Rob the day after the accident. Everything he said that would happen did, every step of the way. He went beyond what we needed him to do. I would definitely use him again and recommend him to anyone who needs a lawyer. Steve H.
Robert Katz isn't your average personal injury lawyer. He has specialized knowledge and experience that the others don't. Timothy W. (Trucking Accident)
I have nothing but good and positive things to say about Rob. One of the unique things about my case was that I was involved in a bicycle accident with another biker. He took an unorthodox case between two bicycle riders and he could see the logic and liability in it. I was very happy with the result. Rodney H. (Bicycle Accident)
We just loved him to death. He acted like he cared about us, not just our case. He kept us posted on everything. He even called us on Sundays to update us. My case involved a rear-end collision where I had herniated disks and I had had a prior back injury. Complicated as it was, we were very happy with the outcome. Kathy H. (Car accident)
Throughout the course of my case, Mr. Katz kept me informed about its status, returned my telephone calls and was very attentive to my needs and concerns. Simply put, he cared not just about my case, but about me. Joseph B.
I was, and still am, extremely satisfied with Rob's work and with the outcome of my case. Rob strives to be there for his clients, and I was no exception...I would happily recommend Rob to anyone who is seeking legal assistance after suffering a severe injury. Joey E.
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