A Tampa cracked, defective, or broken sidewalks lawyer from Distasio Law Firm may be able to help you hold the liable party accountable for your damages. You could secure compensation for your medical treatment, pain and suffering, and more after a sidewalk fall. We offer free case reviews for fall victims and can help you learn more about your rights.
Call us today. A seasoned premises liability attorney will discuss your case with you and determine if you may be able to pursue a payout at no out-of-pocket cost.
Common Injuries Seen in Accidents Caused by Cracked, Defective, or Broken Sidewalks
How many people are quick to assume that cracked, defective, or broken sidewalks are not capable of producing severe or devastating Injuries. On the contrary, it is more common than you might think for victims to suffer injuries that have a significant impact on their lives for years to come.
Some of the more common types of injuries seen in accidents caused by cracked, defective, or broken sidewalks in Tampa include:
- Traumatic brain injuries
- Spinal cord injuries
- Facial injuries
- Compound fractures and broken bones
- Head, neck, and back injuries
- Whiplash and soft tissue injuries
- Herniated discs
- Lacerations leading to sepsis
- Organ failure and internal injuries
These are just a few of the different types of injuries that could be caused by a trip and fall on cracked, defective, or broken sidewalks across Tampa. If you suffered another type of injury that was not listed above, you may still have the right to compensation. You can contact our office today to find out what your legal options are.
Identifying the Liable Party in a Tampa Trip and Fall Case
According to the Florida Department of Health (DOH), falls were, by far, the leading cause of accidental non-fatal hospitalizations in Hillsborough County in 2020, with 3,961 cases. While many falls occur at home, others occur at restaurants, stores, private residences, and even in parks. Trip hazards, including cracked and broken sidewalks, are a common cause of falls.
It is not uncommon for sidewalk maintenance to fall by the wayside and defects to occur and become even more dangerous over time. Part of this is because it is not always clear who is tasked with sidewalk upkeep. This uncertainty can make it difficult to identify the liable party or parties in sidewalk fall cases.
Parties in Charge of Sidewalk Upkeep
Over the last few years, sidewalk responsibility and liability have inspired a hotbed of legal activity, including several high-profile cases in Florida. This includes decisions that point to:
- Government agencies, usually city or county governments
- Private property owners adjacent to the sidewalk
The Florida Office of the Attorney General puts responsibility for sidewalk maintenance on the jurisdiction where the sidewalk is located. Alternatively, a 2005 ruling by the Third District Court of Appeal of Florida stipulates that private property owners are sometimes liable for injuries that occur on a city-maintained sidewalk adjacent to their property.
When a cracked, defective, or broken sidewalks lawyer in Tampa from Distasio Law Firm talks with you about your case, we may be able to begin the process of unraveling this complex web. We can work on determining the liable party—or parties—based on the facts of your case.
When Can Property Owners Escape Liability?
Although property owners are generally at fault when people are injured on their premises, there are situations in which they may not be 100% liable for a victim’s injuries. Under the law, property owners only owe a duty of care to invited guests and patrons. As a result, if you were trespassing or committing a crime at the time you were injured, you may find it harder to hold the property owner accountable for your damages.
In addition, property owners may be able to escape liability for a victim’s injuries when the hazardous conditions in question were considered open and obvious. If these conditions would have been reasonably obvious to any other invited guests or patron, you may have difficulty establishing liability.
A good example of the open and obvious rule are restaurants that put up wet floor signs when a beverage is spilled. By placing a wet floor sign by the hazardous area on the floor, they are making the condition obvious, which can shield them from liability.
What Happens If You Share Fault for Your Injuries?
Fortunately, even if you share fault for your injuries, you can still recover compensation for your damages under Florida comparative negligence laws. However, do not expect to share fault and not have your injury settlement be affected. On the contrary, your injury settlement will be reduced to reflect your portion of fault. This means if you are found 20% liable for your injuries, you will only be entitled to recover 80% of your injury settlement.
You can expect the defense to look for any opportunity they can find to capitalize on the state’s pure comparative negligence system to reduce the amount of compensation they will be ordered to pay if found liable. If you hope to protect your compensation, consider hiring a knowledgeable personal injury attorney to stand by your side and ensure that liability is accurately assessed in your case.
Our Focus Is Always on Client Service
A dedicated slip and fall lawyer in Tampa from Distasio Law Firm will always focus on holding the responsible parties liable and securing recovery for our clients. If you hire us for your case, we are committed to providing the support, time, and financial resources necessary to:
- Investigate your fall
- Build a case to prove negligence and liability
- File an insurance claim or lawsuit to hold the liable party accountable
- Seek a fair settlement or court award based on your losses and expenses
We handle these cases on a contingency basis, so you will not need to have money to recover damages. From your initial case review until the day you sign your settlement or receive a verdict in court, you will owe no attorney’s fees. We receive our fees from the compensation we recover for you.
To learn more about how a broken sidewalk attorney in Tampa from Distasio Law Firm may be able to help with your case, call today.
Recovering Damages After a Tampa Defective Sidewalk Fall
After our team at Distasio Law Firm identifies the liable party and gathers the necessary evidence to support a claim, we will either work toward securing a fair settlement from the liable party and their insurance company or building a case to take in front of the judge in civil court.
Either way, if we are able to hold the liable party accountable, you could recover compensation for current and future fall-related damages, including:
- Medical treatment and other costs directly related to your accident injuries
- Missed paychecks, lost benefits, and reduced earning ability
- Repair or replacement of any damaged personal property
- Out-of-pocket expenses related to your injuries or the fall
- Pain and suffering and other non-economic damages
You could also recover other related expenses or losses we identify and document as a part of your Tampa cracked, defective, or broken sidewalk case.
Time Limits on Taking Action Depend on the Facts of Your Case
In general, there is a four-year statute of limitations on personal injury cases in the state, as codified under Florida Statutes § 95.11. However, there are also special rules that may apply if the liable party is a government agency or municipal government. Depending on the liable party we identify in your case, you may need to take steps to protect your right to hold the responsible party legally liable much sooner.
We recommend reaching out to our team at Distasio Law Firm in the initial days or weeks following your fall. If your injuries are stable and you have a reasonably good idea of your prognosis, go ahead and give us a call. We want to talk with you about your case as soon as possible to ensure we can protect your rights.
Speak to a Tampa Cracked, Defective, or Broken Sidewalks Attorney
Distasio Law Firm offers complimentary case reviews if you suffered fall injuries in a slip or trip and fall accident in Tampa. We understand the complex case law that applies to defective sidewalk cases and may be able to sort out your claim and hold the liable parties accountable.
A Tampa cracked, defective, or broken sidewalks lawyer from Distasio Law Firm may be able to help you seek and secure a payout to cover your medical care, lost wages, suffering, and other losses. Let us evaluate the merits of your case and possibly go to work for you today. Call today to learn more about your case during your no-cost, risk-free consultation.