Visitor Question

Claim for city playground injury?

Submitted By: Anonymous (San Diego, CA)

I was on the swings in a city-maintained playground. One of the chains broke and I fell down. I grabbed with my hand to hold on to the other chain and broke my middle finger. I had to go to the ER to have it fixed.

Do I have any chance of getting some money from the city for my injuries? How do I go about pursuing an injury claim against the city or state government? Thanks for any information you can give. I live in California.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Government agencies and the people who work for them are normally immune from civil lawsuits and civil claims due to the legal doctrine of “Sovereign Immunity.” But those agencies may waive that immunity and permit injured persons like yourself to file personal injury “tort” claims against them.

These claims are for injuries sustained as a result of the agency’s negligence. Learn more about the concept of negligence in personal injury claims here and here.

To file a personal injury tort claim against the City of San Diego, you will need to file an RM9 claim form. The RM9 form is referred to as “CLAIM AGAINST THE CITY OF SAN DIEGO.”

You can present the RM9 claim form by personal delivery, or mail the form to:

City of San Diego Risk Management Dept. 1200 Third Ave., Suite 1000 San Diego, CA 92101

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 29, 2015

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