Uneven pavement on public or private property can cause a person to trip and suffer serious injuries. At Holliday Karatinos Law Firm, PLLC, our Spring Hill premises liability lawyers represent individuals who were injured because of uneven pavement. Our attorneys can counsel you regarding your claim and provide the knowledgeable representation you need to get damages for your injuries.
Uneven pavement poses a danger to pedestrians, visitors, and others on public or private property. Differing heights, gaps, cracks, and other potentially dangerous conditions can develop over time on pavement. Soil and weather erosion, expanding and contracting cement, or poorly constructed surfaces are some causes of uneven pavement.
A trip or fall on uneven pavement may seem minor, but the injuries can be serious and sometimes life-threatening. Traumatic brain injuries and fractures are not uncommon in these types of accidents, and severe brain injuries can be fatal in some cases.
Premises Liability for Florida Accidents
Premises liability law allows a person to hold a property owner or possessor accountable for injuries caused by defects or hazardous conditions on the property. If you tripped, fell, or otherwise suffered an uneven pavement accident, you may have a claim against the property owner or possessor.
To prove the property owner’s liability, you must be able to show that the property owner owed you a duty of care. Florida requires property owners to use reasonable care in the inspection, maintenance, and repair of their property. This duty of care is owed to anyone who is invited to the property for a business, public, or social purpose. Trespassers are generally not owed a duty of care, unless they are children or become known to the property owner.
Once you show that you were owed a duty of care, you must then show that the property owner breached this duty. A breach can happen when the property owner fails to fix a defective or dangerous condition, such as uneven pavement, on the property. The breach must have caused your injuries, and you must have damages related to those injuries. If you establish the property owner’s negligence, you can hold the property owner responsible for your injuries.
Potential Premises Liability Defendants May Vary
Pavement is found on both private and public property. If you suffered an injury on private property, you may have a claim against the owner of the property, the property manager, or anyone else responsible for the maintenance and care of the property. If you were injured on public property, such as a sidewalk or park, you may have a claim against the municipality responsible for the property. You would have to show that the municipality failed to keep the property in a reasonably safe condition, or that it failed to warn of any known dangers or dangers that it should have known.
You can potentially recovery damages for your uneven pavement accident injuries, such as the costs of your medical care and treatment, including any future medical expenses. Other recoverable damages include lost income, loss of earning capacity, and pain and suffering. You generally must pursue your claim within four years from the date of the accident.
Uneven pavement accidents are fatal in some cases. If your relative died as a result of the accident, you can possibly file a wrongful death claim and receive compensation for his or her medical expenses, funeral bills, loss of companionship, loss of parental guidance, and other damages. Wrongful death claims must be filed within two years to avoid a time bar on the claim.
Experienced North Tampa Premises Liability Litigators
The North Tampa slip and fall attorneys at Holliday Karatinos Law Firm, PLLC are seasoned litigators with significant experience in the area of premises liability law. Our Tampa Premises Liability Attorneys have represented numerous clients who were injured while on someone else’s property. We can review the facts of your case, discuss your possible legal options with you, and pursue your claim for compensation. We are committed to providing our clients with high quality legal representation and client service. We serve clients in New Tampa, Lutz, and other nearby areas. Call us today or complete our online form for a consultation at no cost to you.