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Can You File a Claim For an Injury Caused by a Dangerous Condition on Public Land?

Posted on February 13, 2023 in

When you sustain an injury on public land in Arizona due to a dangerous condition, you may be able to file a claim for compensation under certain circumstances. However, you must provide written notice of your claim indicating the dollar amount you claim within 180 days and file your claim with the Court within one year of the incident unless you settle first. It’s important to consult with an experienced personal injury attorney as soon after the injury as possible to learn the nuances of potential liability, the full damages available, and the procedure and deadlines for filing a claim for injuries, harms and/or losses on public land.

At Jensen Phelan Law Firm, our attorneys have over 65 years of combined experience helping our clients secure fair compensation from the people and entities responsible for the harm they’ve suffered. We understand that pursuing fair compensation from government entities, like those who manage public land, can be complicated, and we are proud to offer our legal services to help them even the playing field. Contact our firm today to increase your chances of securing fair compensation. Call us for a free case evaluation. 

When Can You File a Claim for an Injury Caused By Dangerous Conditions on Public Land?

Arizona is known for its natural beauty and outdoor recreational opportunities. However, enjoying public lands in Arizona can sometimes come with risks. If you sustain an injury on public land due to a dangerous condition that may have been hidden or lacking adequate warnings, you may be wondering if you can file a claim for fair compensation.

The answer to whether you can file a claim for an injury caused by a dangerous condition on public land in Arizona depends on a few factors. Here’s what you need to know:

Government Immunity

In Arizona, the government is generally immune from liability for injuries or damages that occur on public property. This immunity is known as sovereign immunity and is designed to protect the government from frivolous lawsuits and unlimited financial liability.

However, there are exceptions to this immunity. Under the Arizona Tort Claims Act, you can sue the government for injuries caused by a dangerous condition on public land if the government knew or should have known about the condition and failed to take reasonable steps to fix it.

Notice Requirements

Before you can file a claim against the government, you must provide notice of your claim to the government entity responsible for the land where your injury occurred. This notice must be in writing and include the following information:

  • Your name and address
  • The date, time, and location of the incident
  • A description of the injury or damage
  • The names of any government employees involved or witnesses to the incident

This notice must be sent within 180 days of the date of the incident. If you fail to provide notice within this timeframe, you may be barred from filing a claim.

Statute of Limitations

In addition to the notice requirement, you must also file your claim within a certain strict timeframe. The statute of limitations for claims against the government in Arizona has two parts: a 180 day Notice of Claim requirement followed by a one year from the date of the incident filing of a lawsuit deadline. Claiming damages against the Arizona government entity is not easy, and definitely requires an experienced, capable lawyer. Failing to file within these two timeframe may result in your claim being time-barred, and you may be unable to recover compensation for your injuries.

Injured on Public Land? Contact Jensen Phelan Law Firm Today

Filing a claim for an injury caused by a dangerous condition on public land in Arizona can be a complex and challenging process. However, if you’ve been injured, it’s important to know your rights and explore your options for compensation.

At Jensen Phelan Law Firm, our experienced personal injury attorneys are here to help. We understand the unique challenges of filing a claim against the government and can provide a free assessment of your case and explanation of your rights. With our help, you can focus on your recovery while we work to make sure that you receive the compensation you deserve. Contact us today by calling (928) 778-2660 or filling out our online contact form for a free case evaluation.