When you are on public property and sustain bodily injuries and other damages because of negligence, you may have cause to file a lawsuit against a governmental agency. Tort laws allow the public to receive financial compensation when an entity or employee’s actions are careless or wrongful.
Such lawsuits differ from other types of premises liability claims because of sovereign immunity. An experienced premises liability attorney could help you determine if you have the right to pursue payment if a government agency’s actions or lack of actions caused you to suffer injuries and losses. Schedule a consultation with a proficient Lake County public property liability lawyer to review your case and options.
Cause of Legal Action Examples
State law allows lawsuits against government entities in cases where:
- A government vehicle crash resulting from a driver’s reckless behavior
- A hazard at a government-owned swimming pool led to an accident and injury
- A negligent operator caused an accident while transporting passengers on a public bus or other government-operated vehicle
- Inadequate security in a high-crime area failed to protect visitors from foreseeable criminal acts
- A defect on public property—such as a broken sidewalk, malfunctioning elevator, or poorly maintained road—led to an otherwise preventable accident
- A government employee acting within the scope of their job caused a dangerous condition through negligent actions
An attorney qualified in public property liability in Lake County could check the complete list and review the statutes during your initial consultation.
The Doctrine of Sovereign Immunity
The doctrine of sovereign immunity historically shielded the state, its agencies, and employees from legal action. The Florida Tort Claims Act partially waives that protection under specific conditions. To proceed, a claimant must submit written notice to the appropriate entity or individual, describing the accident, the hazardous condition or cause, and the nature and extent of the injuries sustained. The agency then receives a minimum of six months to investigate, evaluate the evidence, and issue a response. The claimant cannot file a lawsuit until the agency responds.
The response may include the approval to proceed with legal action, a denial, or a request to negotiate a settlement outside the civil court.
Waiver of Sovereign Immunity
The waiver of sovereign immunity allows the public to file a lawsuit when it meets the requirements under the legislation. The waiver only extends to specific agencies, including:
- The judicial branch
- The state legislature
- Executive departments
- The county and municipalities
- State colleges and universities
- Corporations primarily focused on handling business involving state agencies
The list offers general guidelines, but not every agency appears on it. A legal professional can assess whether a specific claim meets eligibility requirements.
Limits on Government Liability
The state limits liability in claims filed against government agencies, including limiting compensation to $200,000 per person and $300,000 per lawsuit. The legislation does not allow claims seeking money for punitive damages, which require a settlement to punish the party for wrongdoing. A public property liability attorney experienced in handling complex cases in Lake County could conduct the legal work and negotiations on your behalf.
Meet With an Attorney Skilled in Public Property Liability Cases in Lake County
To obtain a fair settlement requires proving that the defendant’s actions were negligent and caused you harm. Your lawsuit must show that their carelessness was a direct cause of the cause of action and the injuries you suffered as a result.
You must also ensure you comply with the rules under the Tort Claims Act, or the courts could deny your case, leaving you with no other options to collect a settlement. Call today to speak to a skilled Lake County public property liability lawyer to get started on your case.
