Sidewalks can present a hazard when they are in disrepair. If you or a loved one fell because of a cracked or broken sidewalk, the party responsible for maintaining the sidewalk may owe you for your damages. Call the Law Offices of Anidjar & Levine to find out how a Punta Gorda cracked or defective or broken sidewalks slip and fall injury lawyer may be able to assist you with seeking compensation.
Determining Liability
Before you can pursue awards for your injuries, you need to determine who is liable for your accident. In the case of a slip and fall on a cracked, broken, or defective sidewalk, this can be confusing. Possible liable parties include:
- Homeowners – If your accident happened on someone’s private, residential property, they might bear responsibility for your accident. An example of a private sidewalk may be the walkway leading from a public sidewalk to a residence’s front door by the property’s yard.
- Business owners: If a business owner also owns the building and property where their business is located, they are likely responsible for making sure the sidewalks are safe and in good repair.
- Landlords and property owners: If your fall occurred in a subdivision, gated community, or other private neighborhood, the owner/developer might be liable. If you fell in an apartment or housing complex, sidewalk maintenance may fall to the landlord who owns or is in charge of the property. If your fall happened at a business housed in a building, mall, or shopping center owned by a third party, the owner of the premises, rather than the business owner, might be in charge of the sidewalk’s condition.
- Government entities: If you fell on a city-owned sidewalk, a Punta Gorda cracked or defective or broken sidewalks slip and fall injury lawyer can help you with a claim against the municipality. If the sidewalk is state-owned, you may have a case against the state of Florida. Florida Statutes §768.28 waives the state’s right to sovereign immunity, meaning you can sue the government for injuries caused by its employees’ or agencies’ negligent or wrongful acts. The statute caps damages you can receive from the state at $200,000, or $300,000 if your suit involved multiple entities.
This may seem complicated, but a lawyer familiar with slip and fall accidents can help you figure out the party legally in charge of the sidewalk where your injuries occurred. Keep in mind that the sidewalk’s owner is only liable if you were lawfully on the property in most instances. Under Florida Statutes §768.075, trespassing will likely invalidate your claims.
Slip and Fall Accidents Can Result in Expensive Medical Treatment
If you or a loved one required medical treatment for a fall injury, you know slip and fall accidents can be serious. Tripping on a cracked, defective, or broken sidewalk can result in broken bones, strains, sprains, and injuries to the spine, neck, and back.
Head injuries are a particularly dangerous and deadly consequence of falling. Falls were the number-one cause of traumatic brain injuries (TBIs) in 2014, according to the Centers for Disease Control and Prevention (CDC). Falls also are the leading cause of death in adults aged 65 and older. Depending on the injury, falls can result in comas, loss of mobility, and permanent physical and mental disabilities.
Medical treatment for fall injuries can be expensive. Hospitalizations can cost tens of thousands of dollars. Simply fixing a broken leg can cost more than $7,000, according to HealthCare.gov. You may require surgeries, physical therapy, nursing assistance, or mobility aids. This can add up. You and your family should not have to deal with the bills for an accident caused by another person’s negligence.
In addition to your medical bills, an attorney can help you seek awards to pay for your lost wages while you can’t work. You may also seek the replacement value of personal property, like electronics and jewelry, that may have been damaged during your fall. If your accident left you with permanent injuries, such as complete or partial paralysis, severe scarring, or disfigurement, you might deserve awards for the impact on your life and your future. You may also win compensation for your mental and emotional suffering.
If your loved one died because of injuries suffered in a slip and fall, you might have the right to sue for their wrongful death. Both wrongful death cases and personal injury cases have statutes of limitations. You have two years and four years, respectively, to file your case in court. The clock begins at the time of injury or death. Call 1-800-747-3733 to speak to the team at the Law Offices of Anidjar & Levine to learn more.
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Working with the Law Offices of Anidjar & Levine
We are committed to taking the stress out of the legal process so that you can focus on getting better. We take care of everything else. A Punta Gorda cracked or defective or broken sidewalks slip and fall injury lawyer will work hard to achieve the compensation you deserve.
Our team is not afraid to stand up for you. We will fight big insurance companies, big businesses, or government lawyers in an attempt to get you the money you need to cver the damages caused by your accident. We offer our clients responsive legal care on a contingency basis, meaning you pay us nothing out of your pocket. If we do not win your case, we do not collect a fee. Call 1-800-747-3733 to get started on your case with a no-cost consultation.
