Legal Question in Personal Injury in California

city liability

If you participate in a recreation class activity after signing a liability disclaimer and are seriously injured due to negligence (dangerous facility with previous complaints and accidents which the city refused to acknowledge), do you have a legal right to sue for medical bills and lost wages?

Asked on 4/08/02, 4:58 pm

3 Answers from Attorneys

Patty Lewis Law Office of Patricia Ann Lewis

Re: city liability

you must find an attorney near you promptly . . . there is a 180 day statute of limitations which requires that you file an appropriate administrative claim with the correct public entity . . . or you may forever lose any available remedy . . . is this a school district? . . . they too may be an entity . . . your "waiver" and the specific facts of your situation needs to be analyzed before an answer to your question can be offered . . . but time is of the essence here . . . good luck to you . . .

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Answered on 4/13/02, 12:19 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: city liability

The liability waiver will often not work--most are very poorly drafted--so get an attorney and start the process. The usual statute of limitations is one year, but for government entities it's only 6 months, so again, see an attorney quickly about this.

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Answered on 4/10/02, 6:39 pm
Victor Hobbs Victor E. Hobbs

Re: city liability

File the governmental claim form within 180 days of the incident and then sue. You've said all the magic words to overcome the hold harmless disclaimer you signed. I would wait no longer than 90 days. And file your claim with the county or city clerk of the place you were injured. the clerks have the forms or they may now be available on the Internet. I usually just go to the Government Code, review the pertinent section, use it as a guide, and write a letter. The clerks will send back the forms to be filed out. However the letter stops the statue.

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Answered on 4/09/02, 8:07 pm

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