Who is Responsible For Maintaining Sidewalks in Hollywood, FL? | Hollywood Sidewalk Injury Lawyer

Falling and getting injured due to a damaged sidewalk can lead to significant physical, emotional, and financial burdens. Determining who is liable for your injuries is crucial for recovering the compensation you deserve. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are here to help you navigate the complexities of sidewalk injury cases in Hollywood, FL.

In Hollywood, FL, sidewalk maintenance responsibility can vary depending on the location and ownership of the property adjacent to the sidewalk. Typically, property owners, both residential and commercial, are responsible for maintaining the sidewalks adjacent to their properties (See City of Hollywood Code of Ordinances § 155.30). This includes ensuring that the sidewalks are free from hazards such as cracks, uneven surfaces, and other defects that could cause accidents. Our experienced sidewalk injury attorneys can help you identify the responsible parties and hold them accountable for their negligence.

If you or a loved one has been injured due to a broken, cracked, or improperly maintained sidewalk in Hollywood, contact us at 305-638-4143 for a free consultation in English or Spanish.

Common Causes of Damaged Sidewalks in Hollywood, Florida

• Cracked and Uneven Surfaces: Cracked or uneven surfaces are a leading cause of sidewalk injuries in Hollywood, Florida. Over time, sidewalks can crack due to the warm climate, which causes expansion and contraction of materials. Additionally, Hollywood’s frequent rains can erode the ground beneath sidewalks, leading to uneven surfaces and tripping hazards.
• Poor Maintenance: Inadequate maintenance is a significant contributor to sidewalk injuries. Property owners in Hollywood, FL are responsible for ensuring sidewalks are safe. When maintenance is neglected, hazards such as debris, overgrown vegetation, and accumulated dirt can lead to slips, trips, and falls. Regular sweeping, clearing of debris, and removal of obstructions are critical to preventing accidents.
• Tree Roots: Tree roots are a common problem in Hollywood, where lush vegetation and large trees are prevalent. These roots can cause sidewalks to lift and crack, creating uneven surfaces that pose tripping hazards. Regular inspection and maintenance are necessary to manage this issue. Tree roots can also cause long-term structural damage to sidewalks, leading to costly repairs if not addressed early. In some cases, it may be necessary to consult with an arborist to manage tree growth and prevent root-related damage.
• Weather Conditions: Florida’s weather conditions, including heavy rains, hurricanes, and tropical storms, significantly increase the risk of sidewalk injuries. Slippery surfaces from rain, mold, or debris from storms can cause pedestrians to lose their footing. Proper drainage and timely removal of storm debris are essential to prevent these accidents.
• Construction and Obstructions: Construction activities near sidewalks often lead to temporary hazards. Unmarked holes, debris, and equipment can create dangerous conditions for pedestrians. Additionally, obstructions like parked vehicles, bicycles, and trash cans can force pedestrians to navigate around them, increasing the risk of injury.
• Poor Drainage: Inadequate drainage systems can cause water to pool on sidewalks, leading to slippery surfaces and potential falls. Ensuring proper drainage is essential to maintaining safe walkways. Standing water can also promote the growth of algae and mold, making surfaces even more slippery and hazardous. Regular maintenance of drainage systems is crucial to prevent water accumulation and related issues.

Common Injuries Caused by Trip & Falls on Damaged Sidewalks

• Fractures: Broken bones, or fractures, are severe injuries that can result from falls caused by sidewalk defects. Trips over raised or cracked sections of the sidewalk can lead to falls that cause fractures. Wet and slippery conditions, common in Florida’s rainy season, exacerbate the risk.
• Head Injuries: Head injuries range from minor concussions to severe traumatic brain injuries (TBIs). A sudden fall on a hard surface like concrete can lead to head injuries. Uneven pavement and obstructions are common culprits.
• Cuts and Abrasions: Falling on rough, broken concrete can cause these injuries. Debris such as broken glass or sharp stones on the sidewalk can also be a hazard.
• Spinal Cord Injuries: These injuries can have serious, long-term effects, including paralysis. Severe falls resulting from tripping on uneven or damaged sidewalks can lead to spinal cord injuries. 
• Hip Injuries: Hip injuries can include fractures, dislocations, or bruising. Older adults are particularly susceptible to hip injuries from falls, which can occur when tripping over uneven sidewalks or slipping on wet surfaces.

Common Defenses in Hollywood Sidewalk Injury Cases

In Hollywood, FL, property owners and their insurers often use defenses like comparative negligence, lack of notice of hazard, and the open and obvious doctrine to mitigate their liability. This comprehensive guide explores these defenses in detail and provides legal information to help you navigate your sidewalk injury case effectively.

Comparative Negligence

One of the most common defenses in personal injury cases is comparative negligence. Under this argument, the liable party may claim that you were partially at fault for your injury. The defense could argue that you were distracted, perhaps by looking at your phone or talking to someone, and failed to notice the hazardous condition. They might also suggest that your choice of footwear was unsuitable for walking, contributing to your fall. For instance, if you were wearing high heels or shoes with slippery soles, this argument might be used against you.

Florida follows a modified comparative negligence system, meaning your compensation can be reduced by the percentage of fault assigned to you up to 50%.  If you are more than 50% responsible for causing your own injuries, then you are completely barred from recovery. For example, if you are found to be 20% at fault, your compensation would be reduced by 20%. This means if you were awarded $100,000 in damages, you would receive $80,000 after the reduction.  In another example, if you are found to be 80% negligent, then you are completely barred from recovery.

Notice of Hazard

​​Another defense you might face is the argument that the property owner was unaware of the hazardous condition and had no reasonable opportunity to repair it. The liable party could claim that they were not aware of the broken sidewalk before your accident. They might argue that the defect was recent and they had not received any complaints or noticed the issue themselves. 

Even if the hazard was known, the defense might assert that they did not have enough time to address it before your fall. For example, if the sidewalk cracked due to a recent event, such as a storm, they could argue that they were in the process of organizing repairs. Demonstrating that the property owner had sufficient time to make repairs or at least place warning signs can weaken this defense. 

Open and Obvious Doctrine

The open and obvious doctrine is a defense that claims the hazard was so apparent that you should have noticed and avoided it. This argument is based on the premise that:

• The defect in the sidewalk was clearly visible and could be easily seen by a reasonable person.
• Given the obvious nature of the hazard, you should have taken steps to avoid it, such as walking around the damaged area or choosing a different path.

Navigating the defenses of comparative negligence, notice of hazard, and the open and obvious doctrine requires experienced legal representation. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are committed to helping sidewalk injury victims. Our Hollywood personal injury attorneys are skilled in countering these defenses and will work diligently to build a strong case on your behalf. Contact us at 305-638-4143 for a free consultation in English or Spanish.

How Much Time Do I Have To File a Personal Injury Claim After a Sidewalk Injury in Florida?

In Florida, the statute of limitations for personal injury claims, including those involving sidewalk injuries, is generally two years from the date of the accident (See HB 837). This means that if you do not file your claim within this two-year period, you may lose your right to seek compensation for your injuries.

However, there are certain circumstances that might extend or shorten this timeframe. For instance, if the injury involves a government entity, such as a sidewalk around a government building maintained by the city of Hollywood, FL, you may be required to file a notice of claim within a much shorter period, often within six months. Additionally, if the injured party is a minor or mentally incapacitated, the statute of limitations may be tolled, or paused, until they reach the age of majority or regain mental competency. Consulting with an experienced personal injury attorney promptly after your injury is essential to ensure that you meet all legal deadlines and protect your right to compensation.

Steps to Take After a Sidewalk Injury in Hollywood, Florida

• Seek Medical Attention: Your health and safety should be your top priority. Even if you believe your injuries are minor, it’s crucial to seek medical attention immediately. Some injuries may not be apparent right away and can worsen over time. Additionally, having medical records that document your injuries is vital for any potential legal claims.
• Document the Scene & Your Injuries: Gathering evidence from the accident scene is crucial for building a strong personal injury case. This documentation will help establish the hazardous condition of the sidewalk and the circumstances of your fall. Take clear, detailed photos of the sidewalk defect that caused your injury, such as cracks, uneven surfaces, or debris. Photograph your injuries as soon as possible after the accident. Continue to document the healing process to show the extent and duration of your injuries.
• Collect Witness Information: Witnesses can provide valuable testimony to support your claim. Gather contact information from anyone who saw your fall or the condition of the sidewalk.
• Consult with an Experienced Personal Injury Attorney: Our experienced personal injury attorneys can help you understand your rights, gather evidence, negotiate with insurance companies, and obtain compensation for your injuries. We offer free initial consultations where we will discuss the details of your case and determine if we can assist you with your claim. 
• Trial Preparation & Litigation: Our trial lawyers will work toward negotiating a fair settlement with the responsible party, but if a fair settlement cannot be reached, our attorneys are prepared to take your case to trial. We will thoroughly prepare your case for court, which includes gathering additional evidence, deposing witnesses, and formulating a compelling presentation of your case. Our team is committed to advocating vigorously on your behalf, ensuring that your case is presented in the strongest possible manner to achieve the best possible outcome in court.

Types of Compensation Available for Sidewalk Injury Claims in Hollywood, FL

In a personal injury claim arising from a sidewalk injury in Hollywood, FL, you may be entitled to various types of compensation aimed at covering the full spectrum of your damages:

Economic Damages

Economic damages are intended to compensate you for the tangible financial losses you have incurred as a result of your injury. These damages can be precisely calculated and include:

• Medical Expenses: This encompasses all costs associated with medical treatment for your injury, both immediate and ongoing. It includes hospital bills, doctor visits, surgical procedures, prescription medications, physical therapy, and any required medical equipment. Future medical expenses are also considered if your injury requires long-term care.
• Lost Wages: If your injury has caused you to miss work, you can claim compensation for the income lost during your recovery period. This includes wages, salaries, bonuses, and any other earnings you would have received if you had not been injured.
• Loss of Earning Capacity: If your injury results in a long-term or permanent disability that affects your ability to work in the future, you may be entitled to compensation for the loss of future earning potential. This considers the difference between your pre-injury earning capacity and your post-injury earning capacity.
• Rehabilitation Costs: These expenses cover ongoing rehabilitation services, such as physical therapy, occupational therapy, and any other specialized treatments necessary to aid your recovery and help you regain functionality.

Non-Economic Damages

Non-economic damages compensate for the intangible losses that are more subjective and harder to quantify. These damages address the impact of the injury on your quality of life and overall well-being, including:

• Pain and Suffering: This compensation accounts for the physical pain and discomfort you have endured as a result of your injury. It also includes compensation for any chronic pain or ongoing discomfort that impacts your daily life.
• Emotional Distress: Emotional distress damages compensate for the psychological impact of the injury, such as anxiety, depression, fear, and other emotional issues that have arisen due to the accident.
• Loss of Enjoyment of Life: If your injury prevents you from enjoying activities and hobbies you once loved, you can seek compensation for the loss of enjoyment of life. This recognizes the negative impact on your ability to engage in recreational, social, and familial activities.

Why Choose Flanagan & Bodenheimer Injury and Wrongful Death Law Firm For Your Sidewalk Injury Case

Choosing Flanagan & Bodenheimer Injury and Wrongful Death Law Firm for your sidewalk injury case ensures you receive personalized, dedicated, and expert legal representation. Conveniently located in Hollywood, FL, our local office allows us to be deeply familiar with the area’s specific legal landscape and more accessible to our clients. With millions of dollars recovered in personal injury cases, our proven track record demonstrates our commitment to securing the maximum compensation for our clients. Click here to see some of our results.

Flanagan & Bodenheimer Injury & Wrongful Death Law Firm handles a variety of personal injury and wrongful death cases, including medical malpractice, negligent security, cruise ship injuries, motorcycle accidents, car accidents, drowning accidents, birth injuries, furniture injuries, and more. We are dedicated to serving clients across Broward County, including Hollywood, Fort Lauderdale, Pembroke Pines, Miramar, Pompano Beach, Sunrise, Weston, Coral Springs, Davie, Tamarac, Coconut Creek, and Deerfield Beach. Our firm works tirelessly to help victims of negligence recover the compensation they deserve while maintaining a small caseload to provide personalized attention to each case.

If you or a loved one has been injured due to a broken, cracked, or improperly maintained sidewalk in Hollywood, FL, contact Flanagan & Bodenheimer Injury and Wrongful Death Law Firm at 305-638-4143 for a free consultation. Our dedicated attorneys will provide the information and support you need to pursue the compensation you deserve.

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