> Discuss Your Legal Issue > Ask a Lawyer > Personal Injury > I was walking on a sidewalk at Buddy Taylor school and tripped on a dip in the sidewalk . I fell to the concrete, skinning my knees, hands and face. I

I was walking on a sidewalk at Buddy Taylor school and tripped on a dip in the sidewalk . I fell to the concrete, skinning my knees, hands and face. I

2 Answers. Asked on Jun 24th, 2017 on Personal Injury - Florida
More details to this question:
Do I have a claim for repair of my teeth?
Answers Showing 2 out of 2
Answered on Jul 17th, 2017 at 8:52 AM

Dear Sir/Madam:


Under Florida law, sidewalks should be maintained in a reasonably safe condition and the owner of the sidewalk should warn people of any dangerous, hidden conditions. If the sidewal was owned by the city, or school board, then Florida Statute  768.28 (sovereign immunity statute) applies. There are conditions that must be met prior to filing suit and they must be done within 3 years of the incident.  The statute of limitations is 4 years but legally sufficient notice must be given within 3 years of the incident.

A defense that is available to the owner of the sidewalk is that the condition that caused your injury was "open and obvious" and that, with the exercise of due care, you would have seen the dangerous condition of the sidewalk and avoided the condition. Inevitably in these type of cases, the person who falls is given some percentage of comparative blame for falling. Additionally, if you had dental issues prior to the fall, the defense will also defend the case by claiming that your dental issues were pre-existing and not caused by the incident.  Proof of causation of the damages lies on the part of the person who fell.

Call an experienced personal injury lawyer who can discuss all oif these issues with you and help you determine if you should make a claim.


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Answered on Jun 25th, 2017 at 6:35 AM

Not unless your teeth were provably damaged in the fall. 

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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Personal Injury
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