Who is liable for injury on public property: A Detailed Study
The process of deciding liability in an injury that occurred on public property is rather a complicated one because deciding ownership is way too difficult when public property is in question. Public property belonging to a government, a regulatory authority, a government organization, a state, or a city. However, in most cases, the Government is given injury liability on public property, but it is not universal.
Holding Government Liable-
Suppose a property is owned or regulated by the Government. Then the Government can be entirely held liable for the injury that occurred in that place. For example, Mr. A went to renew his driving license to the nearest RTO. While waiting for his number, he was sitting on a chair kept as the public property. Suddenly, the chair breaks down, and Mr. A falls, resulting in a severe injury to his backbone. In this scenario, the Government is liable to pay proper compensation to Mr. A. It is the Government's duty and responsibility to provide proper furniture in the premises owned by it.
Available time to claim compensation of injury arising on the public property-
If your injury has occurred on public property owned by the Government, then the liability falls upon it. But the time available to file compensation in such cases is minimal and short. Now, the question of available time varies from state to state. It is not constant everywhere. However, it is advisable to file your suit within six months of the occurrence of the injury. The task of deciding the time and filing a suit can be well-managed by an expert attorney in this field. He/She can help you file your compensation request effectively and get your expenses reimbursed very soon.
A lot of pieces of evidence and Proofs are Required-
The task of seeking compensation from the Government is quite hard and requires a lot of homework. But this does not mean that you need to relinquish your right of seeking cover for damages. There have been many cases in the past where the person injured drops the option of claim when he gets to know the hectic procedure required for this work. Hence, unfortunately, most of the accidents go unreported, and one even refuses to take any action to avoid such reoccurrence.
You indeed have a burden of proof on yourself in these cases. You have to give proper evidence to prove that the Government is liable for your injury. And if you do it correctly, you will be awarded heavy compensation and a lifetime for that injury. So, to do it effectively, taking the help and advice of an attorney is always recommended. A learned lawyer will help you present your case with a proper weightage of evidence and higher chances of winning.
Dragging the Government into action is a tricky business, but if you have suffered an injury, you have all the rights to get proper legal remedy. And one must not relinquish it for any reason whatsoever.
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