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Slip and fall accidents can be complex, depending on where they occur. When accidents occur on private property, such as a residence, restaurant, or other commercial property, the establishment may have contributed to the accident because of a negligent action or failure to maintain the property. Public property, such as some college campuses, sidewalks, roadways, parking lots, and government locations, may have what is known as “sovereign immunity.”

Florida’s sovereign immunity law applies to most personal injury claims against the state government and its entities. However, it does not apply in all cases.  Florida Statutes section 768.28 governs claims filed against the state (including its “agencies and subdivisions”). Via this law, the State of Florida waives its right to sovereign immunity and agrees to be sued for certain torts listed in the act.

Whether a victim of a slip and fall accident is injured on private property or public property, he or she is still entitled to seek legal assistance. Accidents on public property may even be caused by public employees or by outside contractors. For example, if a pedestrian visits a public library and trips and falls on a walkway outside the building when he catches his foot on the edge of a raised sidewalk slab, the contractor who constructed the sidewalk can be held liable. 

When an accident occurs on public property, there are special procedures involved in filing claims against the entity. There also may be a shorter time period to present a case.

Specifically, Florida law says an injury claim may be filed against the government or government employee if:

• the injury was caused by negligence or a wrongful act or omission (incidents like car accidents and medical negligence, for example)
• the claimant's losses can be compensated with money damages (this covers most negligence cases), and
• the circumstances are such that the negligent party would have been liable as a private party (instead of as a government agency or employee).

However, the Florida statute does impose certain limitations on the kinds of claims that injured parties can bring. For instance:

• Government employees cannot be held personally liable for harm, unless they caused the harm intentionally. Instead, all claims must be filed against the government body or agency that employs them.
• Damages in cases against Florida’s government are limited to $200,000, or $300,000 total, if the claim is against multiple state entities.
• Punitive damages or interest that accrued before the judgment was made cannot be awarded in cases against the Florida government.
• The state may appeal any resolution of the case.
• Actions against state universities must be brought in the county where the university’s campus is located, unless the university has a “substantial presence” in the county where the harm occurred.

Additional limitations apply to cases filed against law enforcement officers or agencies, public health agencies (including public hospitals), and the Florida Space Agency. Claims that come from inmates of the Florida Department of Corrections are also subject to special time limits.

“Should you or a loved one be injured in a slip and fall accident, it is important to contact our experienced slip and fall legal team. We are always available to assist you. We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. Our firm provides personal contact and communication along with aggressive representation,” said Fort Myers Slip and Fall Accident Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

Fort Myers Slip and Fall Attorney, Fort Myers Car Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.