Slip and fall accidents happen every day in Florida. It could be a poorly maintained floor, a spillage that has not been cleared, or a natural occurrence such as heavy rain. If you are in a business establishment when you are injured, then they can be held liable under Florida Statute 768.075, or premises liability. Their insurance companies will pay your damages if your claim is successful. However, what if you are injured on public property?
The answer is not straightforward. While we will do our best to give you an answer in the following article, if you want advice that is tailored to your specific circumstances, contact us today to arrange a free consultation. We can offer initial advice so that you can be confident about your next steps. If we believe you have a valid claim and you decide that you need representation, then we will be ready to get right to work protecting your rights and seeking justice.
The attorney-client relationship is the most important thing to us. We will be there to support and guide you, and we will review your case as a team so that you can benefit from our 75 years of combined experience in Florida personal injury law.
The Law Place is open 24/7, so call us now at (941) 444-4444.
Premises Liability if You Are Injured on Public Property
If you suffer a slip and fall accident in Florida and the property owner is a government agency, then different laws will apply.
One key difference is the amount you can receive. There is a limit on how much compensation can be awarded to any victim.
Private vs. Public Owners in a Slip and Fall Case
If you suffered a slip and fall due to a dangerous condition on private property such as a grocery store, hotel, or shopping center, then under Florida premises liability law, you can seek damages from the property owner. If your claim is successful, then there is no limit to what you can claim – so long as you can justify your settlement amount with things like medical bills and details of your pain and suffering.
By contrast, if you slip and fall on a property owned by a government agency, then you will not be able to recover the same amount in damages. Furthermore, you will need to follow very specific procedures and deadlines, or your claim will not be successful at all, and you could be left with nothing. It is important to seek legal advice from a law firm quickly if your rights are to be protected.
We’re here to serve you. Our phones are open 24 hours a day.
Determining Which City Owns the Premises
Your slip and fall accident may have occurred in an incorporated city, a municipality, or an “urbanized area” as defined by the federal government.
Your attorney will help you to determine what city or governing body owns the site where your injuries occurred. In accordance with Florida Statute 180.01, a “municipality” is defined as “any city, town, or village duly incorporated under the laws of the state.”
It is important to determine if your accident occurred in a legally recognized municipality, as this will determine how you seek compensation. You cannot always rely on look alone, rural land can be owned by a city, and an urbanized area could be part of the state. An attorney will help you to determine who you should be claiming from quickly so that the right steps can be taken.
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Common Conditions That Lead to Slip and Falls on Public Property
Accident victims can be hurt on public property while crossing the street, walking a dog, having a picnic, or more. Common examples of negligence include:
- Changes in elevations of walkways.
- Grates in the footpath.
- Cracks in sidewalks.
- Slippery surfaces caused by oil or sand.
- Puddles of water.
- Potholes in streets.
- Foreign objects such as trash on the footpath.
- Curbs without adequate warning (paint, markers, signs).
From the initial call to updates on your case status, we are here to get you answers.
Sovereign Immunity Protects Florida Cities
Cities are not run for profit. They are financed by taxes. Therefore, the public property has special legal protection from lawsuits. Protections are in place to protect taxpayers’ money and ensure that city funds are not diverted to pay too much in injury damages.
The Doctrine of Sovereign Immunity
This protection is under ‘sovereign immunity,’ laid out in Article X, Section 13 of The Florida Constitution. Under this doctrine, you cannot sue the government for civil damages.
However, there are limitations. You can sometimes hold the government financially responsible if its employees or agents caused your injury.
This exception is stated in Florida Statute 768.28. Cities can be held responsible if your injury was caused by a negligent act of a city employee, within the scope of their employment. However, to win a successful settlement this way, specific procedures must be followed.
Pre-suit Notice
Before a premise’s liability lawsuit can be filed for a slip and fall on city property, the accident victim must give notice to the municipality where they intend to file the lawsuit. It must be written on paper and sent to the appropriate city office.
You must make sure that you give notice to the correct department or city subdivision, or your entire claim could be dismissed.
The notice should include details about the incident, such as:
- Documentation supporting your damages.
- What problem caused you to slip and fall.
- Medical documentation and proof of your injuries.
- The address and exact location of the slip and fall.
- Witnesses to the event.
- What direction you were walking.
- Photos or other documentation of the event.
You have three years to give notice. Once your notice is given, you cannot fuel your lawsuit for 6 months. Unless the city declines your claim, at which point you are able to fuel your lawsuit.
This is an essential process to get right. A quality law firm such as The Law Place has the knowledge and experience necessary to help make sure you have a strong case and that all procedures are correctly followed.
Limits on Recovery From the City
When you do file a claim against the city, you must be prepared for them to reduce your settlement, even where it seems invalid. This is because there are caps on how much you can receive.
Under Florida Statute 768.28, actual damages are capped at $200,000. Additionally, cities in Florida cannot be held liable for punitive damages (designed to punish the offender) or interest covering the time before the judgment.
These rules apply regardless of how serious your injuries are or how prolonged your medical treatment will be. However, an attorney that is experienced in personal injury cases will work with you to secure as high a number as possible in damages.
How The Law Place Can Help?
At The Law Place, we understand the complexities involved when you suffer an injury on public property and the daunting prospect of filing a claim against a city or other government entity. Our team is well-versed in the nuances of premises liability claims, especially those involving public properties managed by local or federal government agencies. We recognize that these cases require a specific approach due to the unique legal protections and procedural requirements that apply to government entities.
When you come to us with your case, we start by thoroughly reviewing the circumstances surrounding your injury. We assess the condition of the government property where the accident occurred, determine whether negligence played a role, and identify the responsible government entity. Our experienced premises liability lawyers are adept at navigating the legal hurdles, including compliance with the Tort Claims Act and other relevant statutes that govern claims against government bodies.
We also understand the importance of timely action in these cases, as claims against government entities are subject to strict filing deadlines. Our team ensures that all necessary notices are filed correctly and within the statutory time limits. We meticulously document the accident scene, your injuries, and all related expenses to build a strong foundation for your personal injury claim.
Our goal is to help you recover fair compensation for your losses, including medical expenses, lost wages, and pain and suffering. We negotiate assertively with insurance representatives and government attorneys, leveraging our legal knowledge and negotiation skills to advocate for your best interests. If a fair settlement cannot be reached, we are prepared to represent you in court, presenting a compelling case on your behalf.
The Law Place offers comprehensive legal support to injury victims facing the challenges of a premises liability case against a government entity. We provide personalized attention to each client, guiding you through the legal process with compassion and dedication. If you’ve been injured on public property and are wondering about your rights and options, contact The Law Place today. Our team is here to offer the legal assistance you need to navigate your claim and seek the compensation you deserve.
If I Suffer an Injury on Public Property, Is the City Liable? FAQ
Can I file a premises liability claim if I’m injured on public property?
Yes, if you suffer an injury on public property, you may be able to file a premises liability claim. However, claims against local governments or federal government agencies can be more complex than those against private property owners. It’s essential to understand the specific legal standards and immunities that apply to government entities.
What makes a premises liability case against a government entity different?
A premises liability case against a government entity differs due to sovereign immunity laws and specific procedural rules, such as those outlined in the Tort Claims Act. These laws provide certain protections to government bodies, making it crucial to follow precise steps when filing a personal injury claim. The process often involves strict deadlines and specific notice requirements that must be met to proceed with a claim.
Why should I consult an experienced premises liability lawyer?
Navigating the complexities of a claim against a government property requires the guidance of an experienced premises liability lawyer. They can help you understand the nuances of the law, ensure all procedural requirements are met, and advocate on your behalf to hold the responsible government entity accountable.
What are the responsibilities of government property owners?
Like private property owners, government entities are responsible for maintaining safe conditions on their properties. If a property owner fails to address hazardous conditions or warn visitors of potential dangers, they may be held liable for any resulting injuries. However, the standards and immunities applicable to government properties can affect the outcome of your claim.
What damages can I recover in a personal injury claim against a city or government entity?
In a personal injury claim against a city or government entity, you may be able to recover damages for medical expenses, lost wages, pain and suffering, and other losses. However, there may be limitations on the types and amounts of damages recoverable from government entities compared to private parties.
How can a skilled personal injury attorney help with my claim?
A skilled personal injury attorney can provide invaluable assistance by evaluating your case, gathering evidence, and navigating the legal challenges of filing a claim against a government entity. They can help ensure your claim is filed correctly and within the required time frames, and they can represent you in negotiations or court to seek the compensation you deserve.
What should I do if I’m an injury victim on government property?
If you’re an injury victim on government property, it’s important to document the scene, report the incident to the appropriate authorities, seek medical attention, and consult with a personal injury lawyer as soon as possible. Taking these steps can help protect your rights and improve your chances of a successful outcome in your premises liability case.
Contact The Law Place Today
If you have been injured in a slip and fall accident on public property in Florida, then you should contact The Law Place for a free consultation. The sooner you contact us, the better, as your case will be strongest in the initial weeks following an accident.
An experienced lawyer will be able to tell you whether you have a valid claim and what your next move should be. We offer free, no-obligation advice so that accident victims can be armed with the knowledge they need to seek justice. We also keep our phone lines open 24/7 so that we can be there for you when you need it.
Contact us today at (941) 444-4444.
