Slipping and falling on government property can be a serious matter. Many people assume that if they get injured on public land, there is nothing they can do. However, that is not always the case. In Florida, there are specific rules that can allow individuals to seek compensation if they are hurt after slipping and falling on government property. This is not a simple process, but with the right guidance and understanding, it is possible to pursue legal action. At, Victory Law Firm P.A , we are here to guide you through the legal process and help you navigate the complexities of your case.
Attorney - Partner Attorney - Of Counsel
Franklin Domenech, Esq.
William Alexander Corzo, Esq.
Understanding Government Liability for Slip and Fall Accidents
When someone slips and falls on private property, the owner may be held responsible for any injuries. The same idea can apply to government property, but the rules are different. In most cases, government entities have a level of protection called “sovereign immunity,” which limits their liability. Sovereign immunity means the government is usually protected from being sued, but there are exceptions to this rule.
In Florida, the government can be sued for negligence if certain conditions are met. The Florida Tort Claims Act allows for lawsuits against state and local governments if the injury was caused by the government’s negligence. This means that if you slip and fall on government property, and the fall was due to a dangerous condition that the government knew about or should have known about, you may have the right to sue.
What Counts as Government Property?
Government property can take many forms. This includes public parks, sidewalks, government buildings, schools, libraries, and even parking lots. Essentially, any property that is owned or maintained by a state, county, or local government may be considered government property. If you slip and fall in one of these places, it is important to understand that the legal process for seeking compensation may be different from that of private property.
Steps to Take After a Slip and Fall on Government Property
If you slip and fall on government property, the steps you take afterward can greatly impact your ability to seek compensation. The first and most important thing to do is to seek medical attention. Even if you believe your injuries are minor, it is crucial to have a doctor examine you. Some injuries, such as head trauma or internal injuries, may not show symptoms immediately but can be serious if left untreated.
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After seeking medical help, it is important to report the accident to the appropriate government authority. If the accident happened in a public park, for example, you may need to report it to the parks department. If it occurred in a government building, you might need to notify the management of that building. Reporting the incident helps create an official record of what happened, which can be valuable if you decide to pursue legal action.
Another key step is to gather evidence. Take photos of the area where the fall happened, including any hazards that may have contributed to the fall, such as wet floors, uneven surfaces, or debris. Also, try to get contact information from any witnesses who saw the accident. The more evidence you can collect, the stronger your case will be.
Filing a Claim Against the Government
If you decide to sue after slipping and falling on government property, the process is different from filing a lawsuit against a private individual or business. Under the Florida Tort Claims Act, there are specific rules you must follow. One of the most important rules is that you must file a “notice of claim” with the appropriate government agency before you can file a lawsuit. This notice must be filed within three years of the date of the accident. If you fail to file the notice within this time frame, you may lose your right to sue.
The notice of claim must include detailed information about the accident, including when and where it occurred, a description of how the government was negligent, and the extent of your injuries. Once the notice is filed, the government has six months to respond. During this time, they may choose to settle the claim, deny the claim, or take no action. If the government denies the claim or does not respond within six months, you can then file a lawsuit in court.
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Proving Government Negligence
To succeed in a lawsuit against the government, you must prove that the government was negligent. This means showing that there was a dangerous condition on the property, and the government either knew or should have known about it and failed to fix it or warn the public. For example, if a sidewalk in a public park has been cracked and uneven for months, and the government has not taken steps to repair it, that may be considered negligence.
It is important to note that the government is not automatically responsible for every slip and fall that happens on its property. For instance, if the dangerous condition was something that just happened and the government did not have a reasonable amount of time to address it, they may not be considered negligent. A good example of this would be a spill in a government building that occurred moments before someone slipped on it. In this case, the government might not be held liable if they did not have enough time to clean it up.
Comparative Negligence in Slip and Fall Cases
Florida follows a legal rule called “comparative negligence.” This means that if you are partially responsible for your own accident, your compensation may be reduced. For example, if you were not paying attention and tripped over a hazard that was otherwise obvious, the court may decide that you were partially at fault for the accident. In this case, your compensation would be reduced by the percentage of fault that is assigned to you.
In a slip and fall case on government property, the government’s lawyers may argue that you were partially or fully responsible for the accident. This is why it is important to have strong evidence and legal representation to help prove that the government was negligent and should be held responsible for your injuries.
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Time Limits for Filing a Lawsuit
If you are injured in a slip and fall accident on government property, it is important to act quickly. As mentioned earlier, you have three years to file a notice of claim with the government. However, once the notice is filed, the clock does not stop. After the government responds to your claim, you have a limited amount of time to file a lawsuit in court. If you miss these deadlines, you may lose your right to seek compensation.
It is also important to note that there are exceptions to these time limits in certain cases. For example, if the injured person is a minor, the time limit may be extended. If the injured person is mentally incapacitated, the time limit may also be extended. These exceptions are rare, and it is important to consult with a lawyer to understand how the law applies to your specific case.
Damages You May Be Able to Recover
If you are successful in your lawsuit against the government, you may be able to recover several types of damages. These can include compensation for medical bills, lost wages, pain and suffering, and other costs related to your injury. In some cases, you may also be able to recover future medical expenses if your injury will require ongoing treatment. The amount of compensation you can receive will depend on the specifics of your case, including the severity of your injuries and the extent of the government’s negligence.
It is important to remember that the Florida Tort Claims Act limits the amount of money you can recover from the government. Currently, the limit is $200,000 per claim and $300,000 per incident. This means that even if your damages exceed these amounts, you will not be able to recover more than the limit allows unless you take additional legal steps, such as getting approval from the state legislature.
Suing the government for a slip and fall accident can be a complex and challenging process. The rules and procedures are different from those in other personal injury cases, and there are many potential pitfalls that can prevent you from recovering compensation. For this reason, it is important to seek legal help if you are considering filing a claim.
At Victory Law Firm P.A., we understand the difficulties that come with suing a government entity. Our team of attorneys has the experience and knowledge needed to guide you through the process and help you pursue the compensation you deserve. If you have been injured in a slip and fall accident on government property, contact Victory Law Firm P.A. today for a consultation. We are here to help you every step of the way and fight for your rights.