Q: Went for a walk and hit a super slimy slippery piece of sidewalk.wiped out hard and broke tibia and fibula in left leg.
2 surgeries-7 days in hospital and now looking at 1 month stay in rehab followed by home rehab.wont be able to walk on leg and drive car until at least January.do have a good case vs city?their were no signs of any kind to avert area/with light rain coming down I couldn’t see the hook on sidewalk.do I have a case because of their negligence?thanx for any help-duncanbates.really mad that a person could just go for a casual stroll and get creamed like this/my life has been hit by major roadblock here.
A:
Every negligence case has two parts: (1) Liability, and (2) Damages. It sounds like you have sustained significant damages, but the issue is whether the city created and/or was aware of a hazardous condition prior to your fall and did nothing to remove it. Florida law is very specific regarding what is proper notice to the potential defendant. In addition, defendants in these cases can also claim that the "defect" was an "open and obvious" one which you should have seen and avoided had you taken proper care.
You first described the sidewalk as wet from rain and then mention a "hook". More than likely a wet sidewalk will not be sufficient, as the law implies a duty on people to be more careful when walking on known wet surfaces. If the hook was something installed by the city and it was difficult to see ("latent") then you may have a case. I assume you have taken pictures of the area where you fell. I advise you to consult an attorney ASAP
Tim Akpinar agrees with this answer
A: So did you go back and take pictures of the accident site? Was this on private or public property? What time of day or night did you fall down? If pictures were taken, did they show a dangerous condition that a person was not likely to see, who was casually waking? If the evidence shows that the owner should’ve taken more precautions to minimize the risk of injury to a casual pedestrian, you may have a good case. if you don’t have any pictures, I would recommend that you go back to the scene, and take as many pictures from many different angles of the condition that caused you to fall. Take these pictures at roughly the same time of day or night that you fell. Finally, you should reach out to one of us here on Justia to review the case evidence for possible contingency fee representation. This means you pay nothing unless you win.
Tim Akpinar agrees with this answer
A: Hi. I think a lawyer would review your potential case. The key questions - has there been falls there before? Did the City about and maintain this street? Was the substance caused by tree, dew or...? Did the City know or should they have know about this dangerous condition. There are very strict requirement to sue a City. I would research "Slip and Fall" attorneys in a major city close to you. Hopefully, one will take your case on a contingency (so they - the lawyer - have skin in the game)....I would not hire a lawyer who is going to take a retainer, bill by the hour, etc.. You should NOT want a lawyer who will charge your hourly (or by the minute as they are known to do)...
Tim Akpinar agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.