Can You Sue a Government Entity for a Cracked Sidewalk for Causing Your Injury?

Yes, you can sue a government entity for injuries caused by a cracked sidewalk, but the process is more complex than filing a claim against a private property owner. Government entities are protected by sovereign immunity, which limits when and how they can be sued. However, most states have enacted laws allowing citizens to file claims against government bodies under specific circumstances.

At Dismuke Law, we have extensive experience helping injured clients navigate the complexities of premises liability claims against government entities. Our Florida personal injury attorneys understand the unique challenges these cases present and can guide you through each step of the legal process to help you pursue the compensation you deserve.

Understanding Government Liability for Sidewalk Injuries

Government entities at various levels are responsible for maintaining safe public walkways. When they fail to uphold this duty and someone gets injured, they may be held accountable. However, suing a government entity involves several key differences from standard personal injury claims:

Notice Requirements

Before filing a lawsuit against a government entity in Florida, you must first file a formal notice of claim. This notice:

• Must be submitted within a specific timeframe (typically 3-6 months after the incident)
• Should include details about the incident, your injuries, and the damages you’re seeking
• Must be sent to the correct government department or agency
• Requires specific information and formatting to be considered valid

After you submit this notice, the government has a period to investigate and respond to your claim. You can only proceed with a lawsuit after this waiting period expires or if the government formally denies your claim.

The notice requirement is strictly enforced, and failing to file a proper notice within the designated timeframe can permanently bar your right to seek compensation. This is why working with an experienced personal injury attorney is crucial for preserving your legal rights.

Proving Negligence in Sidewalk Cases

To successfully sue a government entity for a sidewalk injury, you must prove several elements. First, the government had a duty to maintain the sidewalk in a reasonably safe condition. Second, the government knew or should have known about the dangerous condition. Third, officials failed to repair the sidewalk or warn about the danger within a reasonable timeframe. Finally, you must show the sidewalk defect directly caused your injury and resulting damages.

Limitations on Government Liability

Even when you can establish negligence, there are several limitations that may affect your ability to recover damages from a government entity.

Florida, like many states, imposes strict caps on the amount of damages you can recover from a government entity. These caps are typically much lower than what might be available in cases against private parties. Additionally, government entities are generally protected from liability for policy decisions or “discretionary functions” related to resource allocation.

Taking Action After a Sidewalk Injury

If you’ve been injured due to a cracked or damaged sidewalk maintained by a government entity, taking prompt action is essential to protect your legal rights. Document the scene thoroughly with photos, seek immediate medical attention, report the incident to the appropriate government agency, identify potential witnesses, and consult with an experienced personal injury attorney as soon as possible.

Get Help With Your Sidewalk Injury Claim

Navigating a personal injury claim against a government entity requires specialized knowledge and experience. At Dismuke Law, our attorneys have successfully represented numerous clients in claims against city, county, and state entities throughout Florida. We understand the complex procedural requirements and strategic considerations these cases demand.

Our dedicated legal team will investigate your accident, identify the responsible government entity, ensure all notice requirements are properly fulfilled, and build a compelling case to help you receive fair compensation for your injuries. With decades of combined experience and a proven track record of success in premises liability cases, we offer the skilled advocacy you need during this challenging time. Contact us today at (863) 250-5050, or fill out our contact form to schedule your free consultation.