Personal injury which occurs on government property due to disrepair or poor design may result in the government property owner being held liability in premises liability.

Highways may be poorly designed or improperly maintained. Sidewalks may be broken or uneven. Any type of property defect that would result in a private property owner being held liable for negligence in premises liability often apply to Federal, State, county, local, municipal, or city government property owners.

Federal, State, and local governments, however, are often protected by laws called "sovereign immunity." These statutes provide governments with limited immunity from civil lawsuits, cap the amount of money damages available, or require additional procedures to be followed when filing a claim.

While many States and the federal government have reduced this broad sovereign immunity, others have continued to erect barriers to injured consumers.

For example, in Florida, the Sovereign Immunity Statute § 768.28 strictly limits consumers from recovering any more than $100,000 in damages due to the negligence of the State of Florida and its political subdivisions (i.e. city, county, school board, public hospital, etc.).

This means, in Florida, the personal injury victim may recover up to a maximum amount of damages of $100,000, and potentially another $100,000 if there are dependants.  That’s it. Importantly, proper and timely written notice of the claim has to be served upon the State and political subdivision affected, prior to filing any premises liability lawsuit.

Similarly, the Federal Tort Claims Act (FTCA) governs claims of personal injury which occur on federal property. The FTCA allows individuals to recover against the federal government for personal injury and wrongful death caused by the negligence of the United States government and/or its federal employees.

The only type of damages allowed under the FTCA are money damages for a specified amount. There are no jury trials; rather, every FTCA case is heard only by a federal judge. Also, in order to file such a claim, certain federal forms must be submitted – no lawsuit can be filed without completing the formal pre-suit procedure.

If you have suffered a serious personal injury on government property, have questions regarding your legal rights, and want to pursue a premises liability claim, then contact our experienced personal injury lawyers today.

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For experience and prompt action, contact our injury attorneys.  We proudly serve deserving clients and their families who are seeking to overcome the challenges of serious personal injury and wrongful death throughout Florida and beyond in other States.

Locally, we are also proud to serve our neighbors throughout Southwest Florida, including those in Arcadia, Alva, Avon Park, Bonita Springs, Bradenton, Cape Coral, Charlotte County, Clewiston, Collier County, Desoto County, Englewood, Felda, Fort Myers, Ft. Myers, Glades County, Golden Gate, Hardee County, Hendry County, Highlands County, Immokalee, La Belle, Labelle, Lake Placid, Lee County, Lehigh, Lehigh Acres, Manatee County, Moore Haven, Naples, Nokomis, North Port, Osprey, Palmdale, Port Charlotte, Punta Gorda, Sarasota, Sebring, Venice, Wauchula, Zolfo Springs.

We provide aggressive, prompt, and ethical advocacy on behalf of individuals and families who have suffered serious personal injury, accident injury, and wrongful death.

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