))
Bicyclists Rights against Public Entities Potholes to Trails Part I
Manage episode 185238018 series 1530160
In today’s podcast, Richard L. Duquette discusses the procedure in imposing liabilities against state and local entities. Tune in to Bicyclists Rights against Public Entities, Potholes to Trails Part 1 to learn how you can proceed with your claim!
Historical Overview
Sovereign immunities used to exempt public entities from liabilities. Rooted in the divine right of the kings, the idea came with the belief that kings could do no wrong when enacting a law with their official capacities. Any law they enact, hence, serve only for the general good and cannot be deemed wrong.
In modern times, however, this idea can be changed. One example is the California Tort Act of 1963, which states that there’s “no public entity or immunity except when allowed by statute.” The Act further encourages immunity as an exception instead of a rule.
Following the Procedure
It is very important to follow the necessary steps when filing a claim. It can be challenging when even when you have a meritorious case against a government entity.
You can’t go straight to court unlike when you’re suing a private company or entity. In this case, your claim is initially rendered as an administrative one. To turn it into a judicial claim, you must first file a red notice of claim with the government entity you intend to sue.
Providing Proper Notice
It is also highly important that you give proper notice of your claim. To streamline the process, you can access online forms provided by most public entities. Such forms must have relevant information as well as a factual basis of the claim. Pertinent attachments may also be provided by the claimant.
If you don’t know which public entity to sue, it is suggested that you file a case against each possible entity. Once done, you’ll receive a notice or verification that they don’t own it. With this, you’ll know which one you’re filing a claim against.
Vertical and Horizontal Claims
In some cases, you may also want to ensure that you have the right vertical entity as well as the right horizontal entity. Vertical entity refers to the state, county or city involved. Whereas, horizontal entity can be the pending on your injury and the like.
To hear of Bicyclists Rights against Public Entities, Potholes to Trails, download and listen to the entire episode.
If you are short on time, here are the highlights of Bicyclists Rights against Public Entities, Potholes to Trails:
Historical Overview? (2:07)
How to know which public entity to sue? (4:27)
Significance of vertical and horizontal claims? (5:17)
The issue of timing? (6:24)
Disadvantages to a claim? (8:41)
Connect with Richard L. Duquette at the following links:
Email Richard
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette
79 episodes
Share
