If your child is injured on a road you may need the assistance of a West Palm Beach Child Injury Lawyer to file a lawsuit against the municipality or entity that is responsible. He or she will advise you that a municipality or governmental entity may be liable for its breach of a duty to maintain the roads properly as long as sovereign immunity does not bar the action. If sovereign immunity has been waived, a governmental entity such as the Department of Transportation may be held liable for torts arising from its duty to maintain and operate the roads. Accordingly, although the overall plan of a road or highway may be a planning level decision immune from liability the department may waive sovereign immunity, and be held liable at an operational level where it creates a known dangerous condition. The governmental immunity does not bar liability of actions occurring on the operational level. Additionally, liability may arise from the planning level decision when that decision creates a hidden trap. Therefore, a duty arises to warn the public and protect the public of the known danger. Moreover, a failure to properly maintain a public roadway or pathway for bicycles and pedestrians may be the basis of a lawsuit.
For instance, a municipality has a duty to keep the streets in proper condition, which may be breached either by allowing the street to become defective or allowing it to be obstructed. For example, a city was held liable for failing to remove fallen tree branches from a bicycle and pedestrian pathway that caused a child to fall from his bicycle and sustain injuries.
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
