Slipping on Government Property

Hove you ever traveled to a state park? Thousands of people visit over 100 state parks in Florida every year. But just because you are on government property, does not mean that they are shielded from liability.

Florida Statutes 768.28 tells us what constitutes a waiver of sovereign immunity. Sovereign immunity shields the government from certain liabilities.However, sovereign immunity is waived for the following: Actions at law against the state or any of its agencies or subdivisions to recover damages in tort for money damages against the state or its agencies or subdivisions for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the agency or subdivision while acting within the scope of the employee’s office or employment under circumstances in which the state or such agency or subdivision, if a private person, would be liable to the claimant, in accordance with the general laws of this state, may be prosecuted subject to the limitations specified in this act. F.S. 768.28(1).

Let’s Break this Down

You can hold a government entity liability, meaning that sovereign immunity is waived, if the following occurs:

  1. The injury was caused by negligence or wrongful acts or omission. (Such as auto accident, slip and falls, premises liability).

  2. The injury results in money damages.

  3. The negligence that occurred would hold even a private person liable.

What does this mean?

So, let’s say you were walking on Caladesi Island State Park. To get to the beach area, you must walk across a walkway, which is essentially a wooden bridge. If that wooden bridge is not properly maintained, and you fall through while walking on the bridge, Caladesi Island State Park is liable to your damages. That means they are liable for your medical bills, pain and suffering, any other damages that pertain to the accident. But, you cannot just collect whatever you believe is fair when it comes to government entities.

Damages Not to Exceed $200,000.00 (or $300,000.00, if possible)

Although you may be able to file a claim or a lawsuit against a government entity (if the above factors are met), you are capped, however, from collecting a high settlement or judgment. F.S. 768.28(5) states: Neither the state nor its agencies or subdivisions shall be liable to pay a claim or a judgment by any one person which exceeds the sum of $200,000 or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by the state or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of $300,000.

Conclusion

Do not be afraid to go after a government entity if you’ve been injured on state property. It may be frightening, but as you’ve read above, it is not impossible. Call us today if you have been injured on state property. We are available to speak whenever you are!