Statute of Limitations for a Lawsuit for Falls on Public Property

A statute of limitations lawsuit may occur if a person does not file a claim for an injury within the time limits set by the court. When a person is injured on public property, he may have a claim for compensation if the cause of his injury was the negligence or carelessness of the property owner. Where the property is owned by a city or state entity, then the city or state may be liable for negligently failing to maintain the property in a safe manner. The lawsuit must be brought within the limits established for each state or the injured person loses his chance for compensation.

What Is a Statute of Limitation?

Every personal injury case is subject to the rules of court and to the statute of limitations. The statute of limitations is a time limit for bringing a lawsuit.  The time limit is necessary to protect both the injured person and party being sued. The longer period of time between the injury and the lawsuit, the more likely documents will be lost or destroyed, memories will fade and responsible parties may leave their positions of employment or ownership.

The amount of time you have to file a lawsuit varies from state to state. Most states have a statute of limitations to file a case for personal injuries of two years, but a few states have a time limit as low as one year and some allow as many as five years.

When Does the Clock Start Ticking on the Statute of Limitation?

When the clock starts ticking on a statute of limitations can also vary from state to state. Generally speaking, it is common for the time to start running when a person sustains an injury. It is possible though, to have an injury and to not realize that the cause was the negligent care of public property. For example, a person might hurt her back tripping on a cracked sidewalk, but she might not realize the injury until she goes to a doctor after getting no relief from her pain following weeks of home care. In the case that a person is unaware of the severity of an injury, some courts will allow the time limit to begin to run at the point in time when she learned of the severity of the injury.

There may also be an issue of not knowing who the owner of the property is. It is impossible to file a lawsuit against a property owner when the injured person doesn’t know who owns the land. City and state property can be particularly difficult to determine ownership and in some cases, a roadway may be owned by one and maintained by another which can make the litigation even more complicated. 

Getting Legal Help

Any time you think you have been injured as a result of negligent maintenance of public property, you should consult an attorney as soon as possible because once the statute of limitations is up, you have no legal right to file a lawsuit for compensation, regardless of the extent of the injury or the negligence. The process of determining who owns the property and/or who is responsible for maintaining the land can be a long one and it may be complicated. The sooner you consult an attorney, the more time you will have to protect your rights.