If Someone’s Injured On A Public Sidewalk Or Other Property Owned By A City, Is The Process To File A Personal Injury Claim Different For Slip-And-Fall Case Or Am I Going To Be Suing Different People?
In a case where you are injured on a public sidewalk or property owned by a city, you have to put the city on notice. In Florida when suing the state, municipality, city or county, you have three years from the time of the accident to place the appropriate agency on notice. You also cannot file your lawsuit right away; you must wait 180 days from your notice to file a lawsuit.
When suing a municipality or government, there can be limits on your recovery. The amount of damages you can be awarded are limited to $200,000 no matter the injury. Additionally, employees of the State of Florida cannot be held personally liable for the harm. However, there could be situations where the deed of the owner’s property indicate that the upkeep of the sidewalk is the sole responsibility of the property owner. In this situation, you can go after the property owner and his/her insurance company and it will not have a statutory cap on the amount of fees that can be recovered.
That is why an attorney is needed to investigate who is responsible for the slip and fall. Is it just the city? You could be missing the mark if other people or businesses are also liable for the specific incident.
Are There Different Premises Liability Laws As Far As Protecting Your Property Or Someone Having To Have A Fence Around Their Pool From Children Getting In Or Trespassers Things Like That? Is That A Factor And How Does That Impact A Personal Injury Case If The Property Owner Did Not, For Example, Have A Locked Gate?
Private pool owners may be liable not only for what happens in the pool when someone is home and supervising swimmers, but they can also be held responsible for what happens when no one is around if they are found to be negligent. Even if the child was trespassing and using the swimming pool without permission, as a homeowner, you could still be liable for any injury that results from an accident in your pool if you do not follow the laws for security and upkeep of your pool. An injury in your residential pool would fall under premises liability.
In order to prevent unwelcome guests from using your pool and open yourself up for liability, you should follow the rules under the Residential Swimming Pool Safety Act. Under the Residential Swimming Pool Safety Act, Florida Statute Section 515.29 a residential pool must have a barrier. The barrier must be at least 4 feet high on the outside. The barrier may not have gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier. The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence is situated on the perimeter of the pool and it is being used as part of the barrier and meets the requirements.