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New state budget disappoints due to low property tax revenue and could put the public at risk.

Could Budget Cuts Lead to Premises Accidents on State Property?Earlier this year, Governor Jerry Brown and California legislators introduced a budget that promised up to $200 million for maintenance activities at various public universities, state parks, and other government-funded institutions. The University of California and California State University were each expected to receive $50 million.

Unfortunately, the budget allotments were tied to the expectation of higher property tax revenue, which has not materialized. Indeed, property tax revenue actually fell short by $72.5 million and in the budget which took effect July 1 state institutions did not get their maintenance money.

In an official statement, Assembly Speaker Toni Atkins of San Diego said that she was disappointed by developments but committed to pushing for higher education funding from other sources in coming months. “Higher education funding remains a top priority for Assembly Democrats, and we will continue working for long-term funding increases to ensure all our students have access to the world-class education our universities provide,” Atkins said.

While Atkins’ comments seem focused on how the funding lapse affects education, there is another important aspect to be considered, namely how maintenance funding shortfalls affect public safety.

Government entities as well as private citizens and corporations can be held liable for accidents and injuries that take place on their properties, assuming certain conditions are met. It is entirely conceivable that the lack of funding for maintenance could result in the development of dangerous conditions and liability risks.

For example, maybe the cement on the treads of an outdoor stair case has started to crumble. Ordinarily, the institution could repair this with routine maintenance. But if maintenance is postponed, the situation could worsen until a tripping hazard develops. If the condition of the stairs would present a hazard to any reasonably careful person, the institution must either fix the stairs, rope them off, or at least put up adequate signage warning of the hazard. If these steps were not taken and someone fell on the stairs, they could have grounds for a premises liability claim against the institution.

If you have been involved in a premises accident, you need to contact an attorney as quickly as possible. Your attorney will help you document the following important points for your case:

  • The existence of a dangerous condition (ideally through photos taken immediately after the accident)
  • The fact that the property owner either knew of the condition or should have known about it and yet did nothing
  • The fact that you suffered injury as a direct result of the accident
  • The extent of your injuries (through photos and medical records)
  • The impact of your injuries on your life (through expert testimony)
  • Your reasonable and careful behavior (through eyewitness testimony or other evidence that you were not intoxicated, distracted, etc.)

Premises accident cases can be complicated, so it is best to ensure you are working with a highly experienced attorney such as Fernando D. Vargas who will ensure no element of your case gets overlooked.