If you tripped and fell on a sidewalk in Florida, you might be entitled to receive compensation for the damages you incurred in the accident. You must, however, identify the party that’s responsible for maintaining the sidewalk, which can be challenging.
To receive compensation, you must also prove that the liable party was negligent. Likewise, just because the sidewalk was dangerous does not necessarily prove that the liable party was negligent.
Potential Parties That May Be Liable in a Trip and Fall Accident
All property owners, including businesses and government entities, have a legal duty of care to maintain their properties, and this duty extends to the sidewalks outside their properties. They must likewise ensure that their properties are safe and post clear signs that warn people of potentially dangerous conditions.
Some municipalities and cities even place extra duties on property owners that may have violated this duty. In some situations, the maintenance of a sidewalk falls on the local government.
Depending on the specific circumstances of your case, one of the following parties may be held liable for your sidewalk trip and fall accident:
- The Business or Property Owner – When a business or property owner is responsible for the sidewalk’s maintenance, they can be held liable for accidents if they fail to make repairs, remove hazards, or address the dangerous condition that caused the trip and fall accident. This may apply even if the dangerous sidewalk is considered public property or a municipality or city has placed extra duties on the property owner.
- The Homeowner’s Association (HOA) – The homeowner’s association may be tasked to maintain the sidewalks in residential neighborhoods. In this case, if your trip and fall accident resulted from their negligence, you can file your claim against their insurance provider to recoup compensation for your injuries.
- The Lessee – The responsibility to maintain the sidewalk may fall on a business if it leases commercial space. Landlords or lessors may likewise include certain provisions that may include sidewalk maintenance in their lease agreements. This means that if the property is leased, you will need to review the lease agreement to figure out which party must be held liable for your trip and fall.
- A Government Entity – If a municipality or city was responsible for maintaining and repairing the sidewalk, the claims process is more complicated. You must follow specific procedures when bringing a claim against a government entity.
Get in Touch With Our Skilled Tampa Premises Liability Lawyers Now
Were you injured in a trip and fall accident on a sidewalk in Tampa? The skilled Tampa premises liability lawyers of Tragos, Sartes & Tragos can figure out who was at fault for your accident, determine who’s liable for your injuries and associated damages, and fight on your behalf to ensure that you get compensated fairly.
You can find out more about your options for financial recovery by discussing your case with one of our Tampa premises liability lawyers today. Call our office at 727-441-9030 or send us an online message to arrange your free consultation.
