If you suffer a slip and fall injury on properly that is owned by a municipality, you do have the right to file a personal injury claim against that municipality, so long as there is negligence on the part of that municipality. There may, however, be some limitations on your right to compensation in such a case.
Here’s an overview of what you should know.
Determining liability
Municipalities can only be held liable for slip and fall accidents on their sidewalks or streets if the municipality was negligent and if that negligence directly resulted in the accident causing your injury.
It is not enough for you to have fallen and been injured on a piece of city-owned property. Even if there was an unsafe condition on the sidewalk or street, that does not automatically make the city liable for any accidents that occur.
For the municipality to be liable, there must have been an unreasonably safe condition present, and you must be able to prove the city either knew about this condition or should reasonably have known about it. This can be a complicated endeavor.
Deadlines
State and local governments are frequently immune from lawsuits for accident liability, but there are circumstances in which they’ve waived that liability. It is important, therefore, that you follow the proper procedure for filing claims with the government agency you believe to be responsible. These procedures will vary from city to city, but in most cases you can expect the following:
- A very short window of time following the accident to notify the proper department of the municipality of your injury
- A requirement to submit a written description of your claim including details about the accident
- A requirement that you issue a request for a specific amount of compensation
For more information about the steps you must take to file a personal injury claim against a municipality, contact an experienced Sarasota, FL slip and fall lawyer at Goldman, Babboni, Fernandez & Walsh.