Can You Sue for a Fall on Public Property?
Each year, thousands of people suffer injuries from slip and fall accidents on public property — sidewalks, parks, or government buildings. But when the property is owned or maintained by a public agency, the rules and responsibilities are different. So, can you sue for a fall on public property in the U.S.? The short answer is yes, but doing so involves stricter legal procedures and specific deadlines compared to falls on private premises.
In this guide, we’ll explain the key differences between slip and fall public property claims versus private property incidents, outline the legal requirements, and help you determine whether your case qualifies. If you’re unsure, Cohan Law Firm offers a free consultation to evaluate your situation.
Understanding Liability: Public vs. Private Property
Premises liability laws are designed to hold property owners accountable when their negligence leads to injuries. However, whether the accident happened on public or private property changes the process significantly.
Comparison: Public vs. Private Property Liability
| Factor | Public Property | Private Property |
| Owner | Government agency (city, state, or federal) | Business, landlord, or individual |
| Filing Deadline | Very short (30 to 90 days) | Varies by state (often 1–3 years) |
| Notice Requirement | Mandatory Notice of Claim | Not required |
| Sovereign Immunity | May apply (can limit your ability to sue) | Does not apply |
| Proof Required | Must prove negligence and prior notice | Only negligence is required |
What Is Considered Public Property?
Public property refers to any area owned, maintained, or controlled by a government entity. These include:
- Public sidewalks and curbs
- Municipal parks and playgrounds
- Public schools and libraries
- Government-run housing
- Transit stations and bus stops
If your accident occurred in any of these locations, you may have grounds for a public property slip and fall lawsuit — but you must act fast and follow precise procedures.
Legal Obstacles in Public Property Claims
One of the biggest differences in public property slip and fall cases is the doctrine of sovereign immunity, which protects government agencies from many lawsuits. Fortunately, many states have waived this immunity under limited circumstances through what’s known as a Tort Claims Act.
To pursue a claim, most states require you to:
- File a Notice of Claim within a specific time frame (often just 30 to 90 days).
- Wait for the agency to review or deny the claim.
- Only then, proceed to file a lawsuit.
Example: In New York, the Notice of Claim must be filed within 90 days of the incident, and a lawsuit must follow within 1 year and 90 days.
Missing these steps can result in your case being permanently dismissed.
Common Hazards on Public Property
Typical conditions that can lead to a slip and fall on public property include:
- Cracked or uneven sidewalks
- Icy or snow-covered walkways not salted
- Broken steps or handrails
- Poor lighting in stairwells or parks
- Spills or wet floors in government buildings
To win a premises liability public property lawsuit, you’ll need to show that the government:
Created the hazard, or Knew or should have known about it and failed to fix it in a reasonable time.
Step-by-Step: How to File a Claim for a Fall on Public Property
If you’ve suffered a fall, follow these steps to protect your rights:
- Get medical help and keep all treatment records.
- Document the hazard: take clear photos and gather witness contact information.
- Identify the agency responsible (e.g., NYC Parks Department, City Housing Authority).
- Submit a Notice of Claim as soon as possible.
- Wait for a response from the agency (they may offer a settlement or deny liability).
- If necessary, file a lawsuit before your statute of limitations expires.
Comparing Private vs. Public Property Liability
Understanding the distinctions can help determine your legal path. Here’s a quick breakdown:
Private Property Cases:
- No need to notify a government agency
- More flexible deadlines
- Common with stores, apartment buildings, and private homes
Public Property Cases:
- Short deadlines (30–90 days)
- Requires a formal Notice of Claim
- May be subject to sovereign immunity
Do You Need a Lawyer?
Yes — pursuing a government entity slip and fall claim involves legal technicalities and strict deadlines. An experienced attorney, like those at Cohan Law Firm, can:
- Ensure your Notice of Claim is filed correctly and on time
- Determine if your case meets the criteria to overcome sovereign immunity
- Collect and preserve crucial evidence
- Negotiate with the responsible agency
- Represent you in court, if needed
You don’t have to guess whether you have a case. Let Cohan Law Firm help clarify your options during a free case evaluation.
Not sure if your fall qualifies? Let’s talk. Schedule a free consultation with our team today.
Conclusion
Falling on public property raises complex legal issues. From sovereign immunity to tight deadlines and burden of proof, these cases demand quick and informed action. Knowing the difference between public and private premises liability is the first step to protecting your rights.
If you or someone you love has been injured, don’t wait. Cohan Law Firm has helped numerous clients navigate the process of filing a public property slip and fall lawsuit, and we’re here to guide you, too.
📞 Free Case Review Available Now
Injured on public property? Unsure if your fall qualifies for compensation? Let Cohan Law Firm review your case at no cost and explain your next best step.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship.