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Bicyclists Rights Against Public Entities Part II
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In today’s podcast, Richard L. Duquette discusses the different types of claims and how to successfully bring them to court. Tune in to Bicyclists Rights against Public Entities, Potholes to Trails Part 2 to help you decide how to proceed with your case!
Building a Permissible Claim
There are different types of claims, particularly in cases where an injured bicyclist will be allowed to sue a public entity. Whatever the claim, the bicyclist must be able to prove the “dangerous condition” that would warrant the case to go to court.
Three things to prove are: that the property concerned is owned or controlled by the public entity; that the property was in a dangerous condition; and, that the injury was foreseeable or reasonably foreseeable.
The Element of Foreseeability
Foreseeability does not apply to the natural conditions of improved land. One should be able to prove that the “dangerous condition” was created by a government employee or that the public entity concerned had actual or constructive notice of the risk.
Proofs can be in the form of pictures, prior complaints, etc. Once foreseeability is proven, the claimant gets the case.
Presenting the Dangerous Condition
As defined, a dangerous condition must create a substantial risk of injury in a foreseeable manner. Hence, the risk present must be of “substance” and not just some trivial circumstance. One must consider the entire condition as well as its surrounding circumstances.
If the plaintiff goes to trial, there stands the need of hiring a cost-effective expert who can help fight back pre-trial motions or motions for summary judgment. The lawsuit expert should be reasonably priced as well.
Burdened to Prove
It is good to remember that the plaintiff has the burden of proof. For this, he must be able to gather all necessary proofs that would permit his case to go to court. Join Richard as he shares some of the relevant cases he’s handled.
To hear of Bicyclists Rights against Public Entities, Potholes to Trails Part 2, 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 Part 2:
What to prove? (2:16)
What is a dangerous condition? (3:40)
Securing necessary proof? (4:44)
Specific claim: potholes? (5:21)
Specific claim: government vehicles? (9:05)
Connect with Richard L. Duquette at the following links:
Email Richard
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© 2016 Law Firm of Richard L. Duquette
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