A 56-year old Huntington Beach resident has filed a claim against the city after a serious bicycle accident near a railroad crossing because of a gap in the road.

The plaintiff, Eugene Grant Duke stated in his claim that he was riding his bike over railroad tracks on Springdale Street when the front tire of his bike got caught between two rubber surface mats causing him to get thrown head first into the concrete.

In his claim, he said that he suffered major injuries to his face that needed reconstructive surgery. His ocular cheek bones and right thumb got fractured and needed to be surgically repaired. Aside from stitches and multiple facial scars, he also claimed his vision has become impaired after the accident.

Duke blames the city for his injuries as according to him, the city did not properly maintain or inspect the surface mats. He is seeking $250,000 in damages and if the claim is rejected by the city, he intends to pursue the case in federal court.

Pursuing premises liability claims against private property owners is already hard on its own — a claim filed against the government is even more challenging.

Unlike a personal injury lawsuit based on premises liability which has a Statute of Limitations of 2 years, suits against the government have a much shorter time frame and tougher to litigate because of the principle of “sovereign immunity,” wherein a government entity enjoys complete immunity from being sued and found liable in a lawsuit.

However, under various state laws, this principle has been given exceptions mostly because of the enactment of the Federal Tort Claims Act (FTCA). Under this law, injured individuals can recover compensation against the federal government for personal injury, wrongful death, and property damage caused by the negligence of a federal employee, acting in the scope of his/her employment.

But again, filing and proving your claim against the government is legally complicated. There are state immunity statutes that impose written notice which an injured party should comply with prior to filing a lawsuit against a government entity.

This is why it is important to hire an expert personal injury attorney who is experienced in premises liability claims against the government to handle your case if you wish to be compensated for your injury.