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Is it likely that the county would be held liabable for damages and lost wages due to injury?

Port Richey, FL |

The county has been negligent in repairing a broken drainage pipe that runs along property line. The initial damage was reported well over a yr ago. They have issued work orders but have failed to follow thru in the repairs. As a result of the broken drainage pipe it has caused erosion underground. This was discovered when I fell thru what appeared to be stable ground in my yard. The county came out again put up caution tape in that section of the yard in addition to the first damaged section. As of today no work has started on the repairs and I have lost wages and have medical bills as a result I the fall.

Attorney Answers 6


  1. Best answer

    It depends on if the county's negligence actually caused your injury. If the county is liable, then Florida Statute Section 768.28 applies. The cap on damages, unless the FL Legislature passes a claims bill on your behalf (which rarely occurs), is $200K. You should not attempt to handle a sovereign immunity lawsuit yourself.

    If you are injured, then you will likely need an attorney to assist you with this case.

    If you like one of our answers, contact that attorney and get a free telephone consultation. Don't listen to attorneys who tell you to "find a local attorney." That's utterly ridiculous old-school thinking. Your insurance adjuster probably isn't located in your city or county, and she is possibly even in another state. Why should attorneys limit themselves to their cities?
    Hire a fighter, not just an advertiser or someone who doesn’t work throughout Florida. I have a case in which the crash occurred in North Florida, the client lives in Osceola County, and the adjuster is in Miami, and opposing counsel will likely be from Orlando; yet on Avvo, you will read, "Hire a local attorney" repeatedly. It baffles me.

    All our Florida Bar cards read "Florida," not 'City X." I handle cases throughout Florida, and most attorneys not living in the Stone Age do too. With cellular phones, WiFi, e-mail, Skype, PDF documents, facsimile machines, and Cloud-based technologies, I can handle cases from anywhere and access my clients' files anytime. Florida's E-Filing Portal also allows us to file court documents without running to the courthouse every time I need to file a document in a case. Even my firm's SUV has mobile scanning, printing, and faxing capabilities.

    Good luck!

    I only practice in the areas of personal injury, federal civil rights, and criminal law. I will not answer inquiries about legal representation in other areas of law, so please do not call me about matters outside my areas of practice. Furthermore, my answers on Avvo do not create an attorney-client relationship. Avvo is not designed for the type of legal analysis I personally require to accept a case. You should always seek a consultation with a licensed attorney who practices in the specific area of law who can fully review the facts of your case..


  2. Yes the county can be sued for negligence just like any private entity. The only difference is they have a cap on damages of $200,000 and a few hoops you must jump through first.


  3. I like the case against against the county here. Find a personal injury with experience in your area.The injury lawyer must be aware of the damage cap and county notice requirements.


  4. You may be able to bring a lawsuit against Pasco County. If the county is found liable, it may be required to pay all of your losses related to your fall, including medical expenses and lost wages, up to $200,000 (like the other lawyers mentioned in response to this question, because Pasco County is a government entity, there are caps on damages that would apply in any lawsuit brought against it).


  5. Sure.....retain one of the above lawyers to investigate or Avvo has a great "find a lawyer" tool to locate a top-rated Avvo attorney (10) with a low contingency fee, less than thirty percent, so you don't get hurt twice. Good luck.


  6. Yes. Proper notice has to be given to the county to comply with the waiver of sovereign immunity. Without an act of the legislature your damages are capped at $200,000. Attorney's fees are capped at 25%.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed.

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