If you’ve ever tripped on a cracked sidewalk, you know how dangerous poorly maintained walkways can be. Uneven pavement, loose bricks, or hidden tree roots can cause serious injuries, especially for seniors or people with mobility challenges. But in Florida, who’s responsible for fixing sidewalks, the city, or the adjacent property owner? The answer depends on the specific location, local ordinances, and Florida’s premises liability laws.
Who Is Responsible for Sidewalk Repairs in Florida?
In Florida, responsibility for sidewalk maintenance can fall on:
- The City or County: Many municipalities own and control public sidewalks. In these cases, the local government is responsible for inspection, repair, and upkeep.
- Private Property Owners: Some cities have ordinances requiring adjacent property owners, whether residential or commercial, to maintain the sidewalk in front of their property.
- Shared Responsibility: In certain areas, the city may be responsible for structural repairs, while the property owner must handle smaller maintenance issues like clearing debris or trimming encroaching vegetation.
Because the rules vary from city to city, determining who is liable after an accident often requires reviewing local ordinances and the exact location of the incident.
Florida Premises Liability Laws and Sidewalk Accidents
Florida’s premises liability laws hold property owners, and in some cases, government entities, responsible for maintaining safe conditions for visitors. If someone is injured on a sidewalk due to a hazardous condition, the injured person may be able to file a claim if they can prove:
- A Duty of Care Existed: The responsible party had a legal obligation to keep the sidewalk reasonably safe.
- Negligence Occurred: The responsible party failed to repair or warn about a dangerous condition they knew (or should have known) existed.
- Injury Was Caused by the Hazard: The unsafe condition directly led to the injury.
If the sidewalk is city-owned, claims typically fall under sovereign immunity rules, which limit lawsuits against government entities and impose specific procedural requirements. In Florida, you generally have three years to file a claim against a city or county, and damages may be capped.
Government-Owned Sidewalks: Special Rules and Challenges
When a sidewalk is owned and maintained by a city or county, filing a claim can be more complicated than suing a private property owner. Florida Statutes § 768.28 outlines the process for pursuing claims against government entities. Key points include:
- Notice Requirement: You must provide written notice to the appropriate agency before filing a lawsuit.
- Damage Caps: Recovery is limited to $200,000 per person and $300,000 per incident unless the legislature approves a higher amount.
- Proving Negligence: You must show that the city or county had actual or constructive knowledge of the defect and failed to fix it in a reasonable time.
Because of these restrictions, it’s important to work with an attorney who understands the nuances of Florida governmental liability cases.
What to Do After a Sidewalk Injury in Florida
If you are injured due to a dangerous sidewalk condition, take these steps to protect your rights:
- Document the Hazard: Take photos or videos showing the sidewalk defect and the surrounding area.
- Report the Incident: Notify the property owner or local government department responsible for maintenance.
- Seek Medical Attention: Even minor injuries can worsen over time. Get checked by a doctor.
- Contact a Personal Injury Attorney: A lawyer can investigate who is responsible, gather evidence, and handle communications with insurance companies or government agencies.
Final Thoughts
In Florida, sidewalk repair responsibility isn’t always clear-cut; it depends on ownership, local ordinances, and the specific facts of the case. Whether the duty falls on the city, county, or a private property owner, the responsible party may be held liable if their negligence causes injury.
If you’ve been hurt due to a hazardous sidewalk, don’t navigate Florida’s premises liability laws alone. An experienced personal injury attorney can help determine who’s responsible and fight for the compensation you deserve.
Contact a Florida Personal Injury Lawyer
If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience seeking justice for accident victims. Our attorneys have sought and won millions of dollars for our injured clients.
Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation.
Mark continued his studies at Florida State University College of Law, graduating cum laude in 2008. While in law school, Mark was a member of the Journal of Land Use & Environmental Law and the Journal of Transnational Law & Policy, as well as a certified legal intern with the FSU Public Interest Law Center, where he assisted low-income clients with a wide range of family law issues. He also served as a law clerk intern to The Honorable L. Clayton Roberts of Florida’s First District Court of Appeal.
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