Injuries that take place on public property could allow a person to seek compensation. Medical bills can become costly and put unnecessary pressure on an injured person to recover quicker. Someone who has been injured in such an accident may want to consult a Boynton Beach public property liability lawyer.
A compassionate premises liability attorney from Kogan & DiSalvo could help determine liability in a public property injury case and potentially represent a person in court. Understanding who could be held accountable in a public property premises accident can be confusing and an injured individual may benefit significantly from the counsel of a well-versed lawyer.
Differences Between Public and Private Property Liability
In Florida, public and private property liability are typically handled in the same way. If the person was injured can prove that there was a dangerous or defective condition and that such condition caused them to get hurt, it does not matter whether it is a warehouse type store, a local donut shop, or someone’s house.
If there is a condition which causes a person to get hurt, the liability is generally not determined differently. The injured person may have to prove the same elements and could potentially recover the same damages. There is typically not a higher standard for businesses versus residents.
Boynton Beach’s Duty of Care to Residents
When an injury occurs because of something that was not properly maintained or addressed, it is important to look at what steps the business or city may have taken to fix or prevent the accident from happening. If there is a busted up sidewalk that had been damaged for months and the city of Boynton Beach failed to properly warn the public about the hazard, they could be held liable for the injuries and damage incurred in an accident.
Process of Bringing a Claim Against Boynton Beach
The process for bringing an injury claim against the city of Boynton Beach may depend on the cause of the accident. It is all about notice and knowledge. An injured person may want to consider if the city knew the problematic condition existed. Debris on a sidewalk or a street that caused an injury in an accident could make it difficult for a person to prove the municipality had knowledge of it because of the constantly changing environment. In other words, litter on the ground such as a banana peel is different than broken-up cement on a sidewalk.
However, if a defect such as a pothole, a broken up sidewalk, or a sidewalk where the roots of trees raise parts of the sidewalk up contribute to an injury, liability on part of the city could be more easily demonstrated. Those types of conditions typically take a while to develop and a municipality that properly maintains their duty of care to the public should have addressed the problem before the incident occurred. Generally, the cause of the accident helps determine how the city of Boynton Beach may deal with the case.
Potential Types of Available Damages
The damages for public property liability accidents in Boynton Beach are similar to other liability cases. They may include past and future medical expenses, lost wages, lost earnings, along with pain and suffering damages. In some cases, the spouse of an injured person may also bring a loss of consortium claim. A Boynton Beach public property liability attorney could help an injured victim recover the damages that they deserve.
Factors That May Prevent or Limit Damages
In some incidents, circumstances surrounding the injury may negatively impact a person’s ability to collect damages. Someone who trespassed may have limited ability to seek damages, as they were not given permission to enter the property. Additionally, if a person acted carelessly or with disregard for their own safety during the accident, they could be prevented from collecting compensation. However, there are a variety of factors that may contribute to a person’s injury case and an experienced Boynton Beach public property liability lawyer could help explain regulations surrounding such a case.
Contact a Boynton Beach Public Property Liability Lawyer
When someone experiences an injury as the result of improper care and maintenance by a municipality, they could file a negligence claim against the city for compensation. Injuries may result in significant and expensive medical care or treatment. Financial compensation could help alleviate the burden of funding an injured person’s recovery process. If you have been injured on public property, seek the services of a Boynton Beach public property liability lawyer from Kogan & DiSalvo today.