I have lived the development for several yrs and have walked the area many times but did not see the raised sidewalk. There were no markings or warning signs to caution walkers. Do i have a case?
YOu need to speak with a lawyer in your state. Uneven sidewalks can certainly lead to liability on the property owner. Many states however, such as Pennsylvania consider uneven sidewalks to be "trivial defects" and there is no liability unless they are of a certain "size." If Florida has such rules I do not know how many "inches" such a defect needs to be in your state.
Before anything changes I suggest you take some photographs using a ruler so you can see the degree of defect.
I suggest that you not post details of your potential claim on the Internet concerning your familiarity with the area etc. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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