There are many people that use walking as a means of transportation to get to where they need to be. It is an everyday activity that, unfortunately, sometimes results in injury. While it is important to be aware of your surroundings, it is possible for an accident to happen because of another party’s failure to take care of their property. If they are not cared for, sidewalks can cause pedestrians to fall and sustain a serious injury. When this happens, the injured party may wish to seek legal action against the property owner responsible for their injuries.
Types of Sidewalk Accidents
There are many different ways a person could become injured due to an unsafe sidewalk. Possible factors may include:
- Damages such as uneven, cracked, raised, and depressed surfaces
- Standing water
- Slippery substances
- Loose debris
- Hazardous materials
Injuries that are caused by a sidewalk must be addressed within a reasonable period of time. This is because there is a statute of limitations on bringing a personal injury claim against a negligent party. This requires the injured party to meet a certain deadline or they will no longer be able to pursue a lawsuit for their injuries. In Florida, the statute of limitations for personal injury accidents is four years from the date of the accident.
It can be difficult to hold another party responsible for negligence. To do so, the injured party must be aware of who is obligated to care for the sidewalk they were injured on. In the state of Florida, the owner of a sidewalk is usually the same party that owns the adjacent building. The owner can be a private citizen, public store, a private company, or the municipality itself. If a person becomes injured as a result of a municipality’s negligence, they may be required to file a Notice of Claim.
Burden of Proof
To have a successful personal injury case, the injured party must prove the property owner acted negligently by failing to care for the sidewalk. This requires them to satisfy the “burden of proof.” To do so, they prove the property owner knew or should have known about the hazardous conditions of the sidewalk and did not fix it. Proof that can be used in a case may consist of medical documentation of the injury, pictures of the sidewalk, and any witnesses to the incident.
When a person is injured in an accident, they can suffer both physically and emotionally. This is why it is possible for them to receive economic and non-economic damages as a result of the accident. This compensation exists to cover:
- Lost wages
- Loss of future wages
- Medical bills as a result of the injury
- Pain and suffering
- Emotional distress
Cressman Law Firm, P.A. is committed to collecting compensation for personal injury victims in Winter Garden and the surrounding areas. If you have suffered an injury at the hands of a healthcare professional, we are here to ensure you get the compensation you deserve. Contact our firm today