Uneven Pavement Accidents

All property owners have a duty to maintain a safe area for visitors, including walkways and other access areas. Uneven pavement can cause individuals to trip and fall, sometimes resulting in serious injuries. The premises liabilitys at the Law Offices of Robert Dixon represent people who have been hurt on someone else’s property near Miami or the surrounding area. We offer legal services to clients in Miami-Dade, Broward, and Palm Beach Counties, as well as throughout Florida.

Both public and private property owners are responsible for ensuring pavement is maintained in a safe manner for pedestrians and other visitors to the premises. Cracks or holes, as well as varying heights and other dangers, can occur due to time wearing on old pavement, or even new concrete that has been poured or installed improperly. Weather, especially in Florida’s subtropical climate, can play a part in causing inconsistencies leading to uneven pavement. An individual who trips or falls due to these conditions may experience significant harm, such as broken or fractured bones or even a severe brain injury. If you’ve been hurt as a result of an uneven sidewalk or other surface, you may be able to seek compensation from those responsible for the hazard.

People injured by uneven pavement may pursue a premises liability lawsuit against the owners or operators of the property where it occurred. Owners or possessors must exercise reasonable care to keep the area under their control safe for lawful visitors. To prevail in a premises liability claim, an injured person must show that the owner or possessor owed him or her a duty of care. Differing standards may apply, based on the reason for the victim’s presence on the property.

Invitees are individuals who enter property with a business purpose, and they are owed the highest degree of care. Licensees are visitors with a social purpose, who are owed a slightly lesser level of precautions. Trespassers, or people who enter a property without authorization, are not generally owed any duty of care, except in some situations involving children.

A person injured by uneven pavement must also show that the property owner knew or should have known of the danger and failed to take adequate measures to repair it. Finally, the victim must also prove that the condition was the cause of his or her harm and that he or she suffered actual damages as a result.

There may be multiple defendants in an uneven pavement accident. If you were injured on private premises, such as in a retail store or restaurant, you may pursue action against the property owner, whoever is responsible for upkeep, or the lessee running the business. In the event that you are hurt by falling on uneven pavement found on public property, such as a sidewalk, you may have a claim against the municipality that failed to warn of the dangerous condition or take measures to fix it.

Once you have established liability, you may be able to recover compensation for your injuries. Potential damages available in a premises liability action include past and future medical costs, loss of income or earning capacity, and pain and suffering. The timeframe for filing injury lawsuits in Florida is four years from the date of the accident, and action should be taken promptly to preserve your rights.

Uneven pavement can be a significant hazard, and people or entities that have not taken the proper safety steps should be held accountable. The dedicated slip and fall attorneys at the Law Offices of Robert Dixon can help you pursue the compensation that you need after an accident in Miami or elsewhere in South Florida. If you’ve been hurt on someone else’s property, please contact us to schedule a free consultation regarding your case. Call 877.499.4878 or contact us online for a free, no-obligation consultation.