Government-Owned Property and Premises Liability

Government property is all around us. It can include everything from buildings and vehicles to intellectual property and specialized equipment. These resources help federal agencies and contractors fulfill work-related duties and support national objectives.

But government property is not just any equipment or land, it comes with rules covering how it needs to be managed, used, and protected. So, who actually has responsibility over certain types of property? And what happens if it gets damaged or if someone gets injured while using it?

If you have been harmed under such conditions, whether at a federal facility, national park, or other public spaces, you may have the right to pursue compensation. But keep in mind that there are strict rules and deadlines you will need to follow. Reaching out for legal assistance early on can help you avoid making costly errors and give you a sense of confidence as you move forward with your case. 

At West Coast Trial Lawyers, our team has over 20 years of experience handling premises liability cases and a strong track record of acquiring client satisfaction. With our knowledge and expertise, we are well-equipped to guide you through every stage of the legal process, and get you the compensation you deserve. We operate under a contingency-fee basis, meaning you do not owe us anything unless we successfully settle your lawsuit.

To set up a FREE consultation, you can connect with us by calling (213) 927-3700 or completing our quick online contact form.

What Qualifies as Government Property?

Government property refers to assets owned, leased, or controlled by a government entity, like the:

• United States government
• State governments
• Local municipalities

Such assets can be either tangible or intangible and are intended for public use or to focus on government objectives.

According to the Federal Acquisition Regulation (FAR), government property includes material, real property, contractor-acquired property, and government furnished property. It is further determined based on how it is acquired and used:

• Government furnished property includes equipment, tools, or materials the government owns and provides to contractors to use while they are fulfilling a government-related project or contract.
• Includes contractor-acquired property, which is purchased or acquired by a contractor to use while carrying out a government contract. This will become government property if the contract specifies state ownership.
• Other government property includes real property, plant equipment, and intangible assets, like intellectual property.

The use of government property is strictly regulated and will need to be authorized by the applicable contract or agreement. Any improper use may lead to penalties, breach of contract, or even criminal charges, particularly if the property is misused or damaged.

What Is an Example of a Government-Owned Property?

Government-owned property can consist of a wide range of assets. Some examples include the following:

• Public buildings: Courthouses, city halls, and post offices.
• Infrastructure: Roads, dams, and bridges.
• National lands: Forests, recreational areas, and wildlife reserves.
• Military facility: Bases, training facilities, and weapons storage.

The government may also provide tools, vehicles, or equipment to private companies to help them fulfill assigned projects. This is called government-furnished property, and will still belong to the state.

What Are the Different Types of Government Property?

Government property is classified into four categories, each with its own usage and characteristics:

• Real property: Land and any structures or permanent fixtures connected to it, like buildings and infrastructure.
• Personal property: Tangible items that are movable, such as tools, vehicles, and machinery.
• Contractor-acquired property: Property bought by contractors specifically to fulfill a government contract, in which a government will take title of.
• Government-furnished property: This refers to assets, like equipment or materials, that are supplied directly by the government to contractors to use while performing contractual obligations. Property furnished under these arrangements will need to be returned, tracked, or disposed of in accordance with the terms of the contract.

Most Common Government Property Injury Claims

Accidents can happen at any given moment, even on property owned by the government. Whether you are entering a federal building or taking a stroll through a national park, the government has a legal duty to maintain safe conditions. If they fail to fulfill their obligation, and someone is harmed as a result, the affected individual may be entitled to file a claim under the Federal Tort Claims Act (FTCA). Keep in mind that not all injuries may qualify, and undergoing such a legal process can be challenging than a typical personal injury case.

Below are some common government property injury claims:

• Slip and fall accidents – This can happen at post offices, federal facilities, or public parks.
• Improper building maintenance – Contributing factors may include damaged stairs, faulty elevators or escalators, and collapsing ceilings. These particular issues often arise from inadequate inspections or repairs. 
• Negligent security – Assaults or injuries stemming from insufficient security on government property.
• Car accidents involving government vehicles – This includes postal trucks, military vehicles (when used off-base), and federal agency cars. 
• Injuries taking place on federal parks or recreational spaces – Some examples include unsafe hiking paths or damaged bridges. 
• Construction site hazards – This particularly occurs when ongoing government construction or repair projects are being done and nearby individuals are harmed due to falling objects or lack of barriers or signs.
• Exposure to hazardous conditions – For instance, asbestos found in old federal buildings, toxic chemical exposure, and mold in public facilities.

Who Manages Government Properties?

Government property is managed by several agencies based on the type and use of the asset. For federal properties, the General Services Administration (GSA) is the one in charge of property management, acquisition, and disposal. 

Some key management roles include the following:

• Contracting Officers: They ensure that property requirements in government contracts are fulfilled, guaranteeing proper use and accountability of assets for both cost-reimbursement and fixed-price contracts.
• Property Administrators: Often assigned by a contracting officer to oversee day-to-day property management tasks, keeping accurate documentation of contractor inventory.
• Federal Agencies: Various federal agencies, like the Department of Defense, Department of Transportation, and NASA are expected to manage their own assets.
• Local and State Governments: Each of them have departments responsible for taking on real and personal property within their jurisdiction.

What to Do After Getting Into an Accident on Government Property

If you were involved in an accident on government property, be sure to implement the following steps to protect your rights and better your chances at securing fair compensation. 

Report the Incident

Be sure to notify the right government authority or property manager about the incident as soon as you can. Many government properties will have specific offices to direct the case to.

Seek Medical Attention

Check to see if you and others involved are injured. If so, contact emergency services immediately. Police will arrive at the scene and conduct a written report whereas paramedics will provide medical attention to the affected parties.

You should get yourself evaluated by a professional to learn whether you have an injury that may require short- or long-term care. All documents pertaining to your visits will be saved on file and can be used as evidence if you plan on filing a claim against the at fault entity.

Document the Scene

Take photos or videos of the accident scene. This includes your injury, vehicle or property damage, and road conditions. If any witnesses were nearby, you should ask for their contact information, as well.

File an Administrative Claim

Under the Federal Tort Claims Act (FTCA), you cannot sue the U.S. government for injury, wrongful death, or property damage caused by a federal employee’s negligence unless you first submit a claim with the right federal agency involved. If denied or ignored, you can then file a lawsuit.

Consult with an Attorney

Government claims can involve strict deadlines and requirements. Failing to comply with these regulations will be detrimental to your case. But, with the help of an experienced attorney who specializes in government liability, they can step in and strengthen your lawsuit. This will include gathering necessary documentation and meeting critical time limits. They may also advise you on whether sovereign immunity may apply in your case and navigate you through settlement negotiations or litigation, if needed.

Is It a Crime to Destroy Government Property?

Destroying government property is a crime. Under 18. U.S. Code § 1361, it is illegal to willfully destroy property owned by the United States, or being made or built for the government. If damages are less than $1,000, the maximum penalty will be a fine, up to one year in prison, or both. However, if damages surpass $1,000, the individual will receive a fine, a prison sentence of up to 10 years, or both.

To be convicted, the government will need to prove that it was done willfully or intentionally, meaning that the defendant knew they were going to wreck or demolish the targeted property.

This regulation applies to any property of the U.S., including:

• Federal buildings
• Vehicles
• Infrastructures
• Military equipment
• Property produced by the government

Are Citizens of the United States Able to Sue the Federal Government?

Most states, like California, Nevada, Arizona, and Washington allow citizens to file lawsuits against the federal government, but only if they follow the strict rules established. From short deadlines to mandatory claim forms, each state has its own unique process. Let’s take a look at each one in the sections below. 

California

In California, you can sue your local government, but it is not the same as pursuing legal action against a private individual or business. Government agencies are protected under sovereign immunity. In some cases, this can be waived through Tort Claim Acts.

You may be able to file a claim against your local government if bodily harm or loss was caused by the following:

• Unsafe property conditions
• Negligent actions of government employees while fulfilling work-related duties
• Motor vehicle accidents involving government-owned vehicles
• Police misconduct
• Civil rights violations
• Inadequate property maintenance of parks, schools, or public facilities

To sue, you will need to submit a formal notice within six months from the date of when the incident occurred. You will then have to wait for a response. If they deny your claim or fail to contact you within 45 days, you will have two years from the accrual of the cause of action to file a lawsuit (California Government Code § 945.6).

Nevada

If you were injured on Nevada property then under the Nevada Government Claims Act (NRS 41.031–41.039), sovereign immunity can be waived if you follow through with specific requirements, including: 

• Submitting a notice of claim within 180 days of the injury or harm.
• Including important details, such as the amount of damages you are pursuing, how your injury occurred, and why you believe the government is responsible.
• Pursuing legal action against the correct entity.

As of July 2022, the cap on damages for tort claims in Nevada is $200,000. Punitive damages may also not be awarded in such cases. In addition, most personal injury lawsuits are filed within two years from the incident date, whereas government claims can be submitted within two years from the date of injury if the agency denies or ignores the notice of claim.

Arizona

Arizona State Bill 1405 indicates that public employees can be held responsible if they caused harm due to reckless behavior or intentional wrongdoing, even if it takes place during their job hours. Although the government has immunity from lawsuits, this protection does not necessarily apply if the employee exhibited carelessness. Both the employee and the government agency can face legal repercussions for damages in the state of Arizona.

The law allows courts to grant money for actual harm and to cover legal fees. The government itself cannot face legal punishment with punitive damages, and neither can a worker who does their job normally. But, if that particular worker exhibits grossly negligent or malicious behavior, they can face consequences with punitive damages personally. If the worker owns a professional license, the court will need to notify the licensing board about their conduct. 

To make a claim, the affected individual must submit a written notice within 180 days of the injury date and understand what particular factor caused it. The notice will need to include an explanation of the claim clearly and indicate the amount of money requested. If this is not submitted on time, the individual will lose their opportunity to sue. If multiple parties are responsible, they may share liability. 

This regulation can cost the state money since the government will have to pay damages caused by its employees while they were on the clock.

Washington

According to RCW 4.96.020, injured victims who are seeking damages from a local government or its employees will need to file a formal claim to the right agent of the government entity. This will need to be submitted within the statute of limitations, and will be considered filed once the Washington government receives your form, whether you present it in person or have it sent by mail. 

Since 2009, you are required to use a standard claim form that asks you for your details, what happened, how you were affected, and how much money you are pursuing. You or your attorney will have to sign it. Some cities or counties may have their own forms, but they cannot deny your claim just because of missing responses beyond what the state form requires.

The amount of compensation you ask for in the claim cannot be used as evidence in court. A lawsuit cannot move forward until at least 60 days after the claim has been filed, giving the government some time to look into or resolve the situation. During this 60-day waiting period, the statute of limitations will be paused. This will ensure that claimants are given enough time to pursue a claim after the waiting period has ended. 

Lastly, the law is flexible, meaning that any small mistakes you make on the claim form will not stop it from moving forward. 

What Is the Governmental Immunity Act?

The Government Immunity Act protects government agencies and their employees from being sued in certain cases. This means that if either of them cause harm while performing work-related duties, the affected individuals may not be able to take legal action against them unless specific conditions are met.

The reason for this regulation is to prevent a high number of lawsuits from being filed each time a person disagrees with a decision or comes across an issue that involves a public agency. It allows government workers to fulfill their roles without having to face constant lawsuits. However, the government is not entirely shielded from fault.

Certain exemptions where you can sue in California include the following:

• Negligent acts performed by public employees during work (Gov. Code § 815.2)
• Dangerous public property conditions (Gov. Code § 835)
• Failure to fulfill a mandatory duty (Gov. Code § 815.6)

Injured on Public Property? Contact West Coast Trial Lawyers Today

Whether you were harmed while on government property or are dealing with government-owned equipment, either situation can be confusing to handle. With strict rules and deadlines involved, legal complexities are bound to arise, and can be difficult to handle all on your own.

At West Coast Trial Lawyers, our attorneys will assess your case and make an informed decision based on the information presented, with your needs and priorities in mind. From filing a claim to resolving contract-related issues, we are here to defend your rights and get you the compensation you are entitled to.

Find your potential case value within minutes using our personal injury settlement calculator. Simply enter the requested information to get started.

To book a FREE consultation, you can get in touch with us by calling (213) 927-3700 or filling out our convenient online contact form.