Asked in Personal Injury, Civil Litigation and Civil Rights for Florida

Q: I’m on vacation in Kissimmee Fl I brought an electric scooter with me. Yesterday afternoon I was driving on the sidewalk

The sidewalk has a ft drop I lost control and fell road rash and cracked my ankle went to urgent care over $500 dollars and I have a doctors note for at least a week off and broken scooter are they liable?

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Civil Rights Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: If it's a public, street-side sidewalk, there is a possibility that the government entity controlling it would be liable to you, though it might raise a defense of the condition being open and obvious if the matter were to be litigated. For this kind of claim against a local government, you are required to first follow the presuit procedures of Fla. Statutes Sec. 768.28, basically giving the entity 6 months notice of intent to sue, to give them a chance to settle out of court.

If the sidewalk is privately owned, such as at a shopping center, same story with potential liability, but with no presuit requirement - but it's usually best to start out with a

presuit insurance claim anyway.

Take photos and seek a consultation with an attorney in the Orlando area ASAP.

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