If I Fall On A Public Sidewalk Is Anyone Liable?
A slip and fall can be very serious. If you fall when you are not prepared, you often do not catch yourself in time to avoid injury. Slip and falls can lead to long-term injuries such as spinal injuries, traumatic brain injuries, and broken bones. These injuries can be very expensive. They can put you out of work reducing your income. Plus, the costs of medical care are astronomical. Fortunately, and the state of Florida, if you slip and fall on someone else's property, you are often eligible to receive compensation through premises liability claims. What happens though, when your slip and fall is on a public sidewalk? Do you have a right to compensation? Also, who is liable for your injuries?
How Florida Determines Fault In Slip And Fall Cases
In order to file a claim for the injuries that have occurred as a result of your slip and fall, you have to first determine if there is fault. Fault is determined by liability and negligence. Liability is the responsibility to maintain the sidewalk. For example, if you slip and fall on the sidewalk at the entrance of a building, it is the building owner's responsibility to ensure the sidewalk is safe to walk on. This is known as premises liability. Negligence in a slip and fall is the result of a building owner not properly maintaining the safety of the sidewalk, especially when they knew there was a problem that could lead to a slip and fall. So when filing a claim you need to prove both liability and negligence.
Who Is Liable For Public Sidewalks?
It is much easier to determine liability and negligence if you slip and fall on private property. The owner of the sidewalk is clear and their duty to provide safety to guests is also clear. However, if you slip and fall on a public sidewalk, it may be challenging to determine if anyone is liable. In the state of Florida, public sidewalks are the responsibility of municipalities like cities and counties. In most cases, if you file a claim for a slip and fall, it will be against the municipality responsible for the maintenance of the public sidewalk.
Liability Considerations On Public Sidewalks
Unfortunately, liability on public sidewalks is not cut-and-dry. Some cities and counties have rules that govern the maintenance of sidewalks. For example, some cities require homeowners associations (HOAs) to maintain the public sidewalks in their neighborhoods. In other cities sidewalks in front of businesses are the responsibilities of the business. To determine who is liable for your slip and fall on a public sidewalk takes a bit of investigation. Furthermore, unlike on private property, there are a lot of restrictions and limitations to premises liability claims on public sidewalks. This makes filing a claim after a slip and fall on a public sidewalk very legally complicated. In these cases it is best to work with a skilled slip and fall attorney who understands these laws and can help you file a claim.
If you have fallen on a public sidewalk, it is very complex to file a premises liability claim and get compensation for your injuries. The team at Justice Pays can help. Our knowledgeable attorneys have represented slip and fall victims on a variety of different types of properties, including public sidewalks. We have both the legal expertise and experience to navigate the laws and get you compensation for your injuries. To learn more about how we can help you, call us at 1-833-954-1234. We offer a free case review and will answer any of your questions about working with our team.