If your child has been hurt as the result of a hazardous or dangerous condition on a street, you need the advice of a West Palm Beach Child Injury Lawyer. An experienced West Palm Beach Child Injury Lawyer will advise you of the burden of proof in such a case. In a lawsuit against a municipality to recover damages for injuries to a child on a bicycle sustained as a result of the defective condition of sidewalks, the burden of proof is on the plaintiff. If your child has been hurt on a public roadway it is your burden as the plaintiff to prove that the municipality had notice of a defective condition on the street, the inference of the notice must outweigh all contrary inferences to such an extent as to amount to a preponderance of all the reasonable inferences that might be drawn from the same circumstances. Additionally, in actions against a municipality based on negligence by the city for its failure to use reasonable care in maintaining the streets, the question of negligence must be submitted to the jury. Therefore, whether a known dangerous condition exists at an intersection, and whether a county took part in creating this condition, thereby triggering an exception to governmental immunity, is a question for the jury. The issue of constructive notice is generally best left to a jury when there is evidence presented in support of the existence of such notice. The defect may be such that it must be said as a matter of law that it does not constitute a dangerous condition, or there may be a defect so serious that as a matter of law it must be considered a dangerous condition.
The Florida Child Injury Lawyers of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a defective roadway. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
Call 1-800-74-TRIAL
