Being injured in a public place — such as a city sidewalk, park, or government building — can be confusing and overwhelming. Unlike private property, where you might file a claim against a homeowner or business, public property is owned and maintained by the government. This raises an important question: What happens if you’re injured on public property in Florida?
At Scott & Wallace, we understand the complexities of these cases and are here to help you navigate your rights under Florida law.
Understanding Government Liability in Florida
When it comes to accidents on public property, your case falls under an area of law known as sovereign immunity. This doctrine traditionally protects the government from being sued. However, Florida has waived this immunity in certain situations — meaning you can sue a government agency for negligence, but strict rules apply.
Under Florida Statutes § 768.28, you may file a claim against a government entity (such as the state, a city, or a county) if a government employee or agency acted negligently and caused your injury while performing official duties.
Examples of Public Property Injury Cases
You may have a claim if your injury occurred on public property due to:
- Broken or uneven sidewalks
- Potholes or poor road maintenance
- Slippery government building floors
- Negligent maintenance in public parks or recreation areas
- Faulty railings, stairs, or lighting in public facilities
- Inadequate security at public events or buildings
Key Differences in Suing the Government
If you’re injured on public property in Florida, your case will look very different from a typical personal injury claim. Here’s why:
1. Shorter Notice Requirements
You must notify the appropriate government agency in writing within 3 years of the injury (and in some cases, even sooner). This written notice is required before you can file a lawsuit.
2. Damage Caps
Florida law caps the amount you can recover in damages:
- $200,000 per person
- $300,000 total per incident
This is true even if your actual medical expenses or losses exceed these limits.
3. No Punitive Damages
Unlike cases against private entities, you cannot recover punitive damages when suing a government agency in Florida.
What You Should Do After an Injury on Public Property
If you’ve been injured on public property in Florida, it’s crucial to act quickly and take the following steps:
- Seek immediate medical attention — Your health comes first.
- Report the incident to the appropriate authority (e.g., park services, city maintenance).
- Document everything — Take photos of the scene, your injuries, and any hazards involved.
- Get witness statements — Contact info and written accounts can support your case.
- Speak to a qualified personal injury attorney — You need someone experienced with government claims and deadlines.
How Scott & Wallace Can Help
Pursuing a claim against a government agency is not easy. The rules are strict, the timelines are short, and the legal hurdles are high. That’s why it’s critical to work with a law firm that understands how to build a strong case against a public entity.
At Scott & Wallace, we’ve helped injury victims across North Florida and Southwest Georgia fight for justice — including those hurt on government-owned property. We handle the paperwork, meet all filing deadlines, and negotiate aggressively to secure the compensation you deserve.
We offer free consultations, and you never pay unless we win your case.
Injured on public property in Florida?
Don’t delay — let Scott & Wallace review your case and help you move forward. Contact us today.
Reference Data For Lawsuit Information
1. City of Tallahassee Risk Management Division
They handle liability claims against the city. You can submit a public records request for a list of claims filed under Florida Statute §768.28 for injuries on public property.
➡️ https://www.talgov.com/transparency/transparency.aspx
2. Leon County Clerk of Courts
You can search the public docket for civil lawsuits against the City of Tallahassee, Leon County, or associated public entities by filtering for tort claims or personal injury filings.
➡️ https://cvweb.clerk.leon.fl.us/public/index.html
3. Florida Department of Financial Services
They track tort claims against state and local agencies. While they don’t publish county-level detail in searchable format, a request can be submitted.
➡️ https://www.myfloridacfo.com/division/risk/
*Disclaimer: The information provided in this article is intended for general informational purposes only and should not be considered legal advice. While we strive to offer accurate and helpful information regarding personal injury claims in Florida, each case is unique, and specific legal advice can only be provided by a qualified attorney familiar with the details of your situation. Reading this article does not create an attorney-client relationship with Scott & Wallace. If you have been injured, we encourage you to consult with a licensed attorney to discuss your rights and legal options.
