Tripping on a broken, cracked, or raised sidewalk is one of the most common — and most underestimated — personal injury scenarios in Florida. Sidewalks throughout Miami, Fort Lauderdale, West Palm Beach, and cities across the state are damaged by tree roots, weather, and years of deferred maintenance.

What makes these cases different from a typical slip and fall: the responsible party is often a government entity — a city, county, or state agency. Suing the government in Florida requires following strict procedures that most people do not know about. Missing a deadline can permanently bar your claim.

Sidewalk responsibility in Florida depends on location:

• City sidewalks — maintained by the municipality (City of Miami, City of Fort Lauderdale, etc.)
• County roads and sidewalks — maintained by the county (Miami-Dade County, Broward County, etc.)
• State roads — maintained by the Florida Department of Transportation (FDOT)
• Private property sidewalks — maintained by the adjacent property owner or HOA
• Shopping center and commercial property walkways — maintained by the property owner or tenant

In some cases, responsibility is shared — for example, a city may be responsible for the sidewalk while an adjacent property owner is responsible for tree roots that lifted the pavement.

When the responsible party is a government entity, the Florida Tort Claims Act (§768.28) applies. This law:

• Caps government liability at $200,000 per person / $300,000 per incident (unless the legislature approves a claims bill for larger amounts)
• Requires pre-suit notice to the government agency before filing suit
• Sets a 3-year statute of limitations for claims against government entities (longer than the 2-year limit for private parties)
• Requires specific procedural steps that must be completed before you can file a lawsuit

Missing the pre-suit notice requirement can permanently bar your claim. Contact us immediately if you were injured on a government sidewalk or property.

Broken and cracked sidewalks. Tree roots, ground settling, and deferred maintenance create raised edges and cracks that catch feet and cause falls.

Uneven pavement at curb cuts. Damaged or improperly installed ADA curb cuts create trip hazards for pedestrians and wheelchair users.

Potholes in public roads and parking areas. Municipal parking lots and public roads with unrepaired potholes cause pedestrian falls.

Government building entrances. Wet floors, broken steps, and uneven thresholds at courthouses, DMV offices, libraries, and other government buildings.

Public parks and recreational areas. Broken walkways, uneven surfaces, and poorly maintained facilities in public parks.

Public transit facilities. Bus stops, train stations, and transit facility floors maintained by transit authorities.

Prior complaints and work orders. Cities and counties maintain records of reported sidewalk damage and repair requests. If the government received complaints about the hazard before your fall and failed to act, this proves actual knowledge.

Inspection records. Government entities are required to inspect public infrastructure. Missing or inadequate inspection records support constructive knowledge.

Photographs. Document the hazard immediately — government agencies sometimes repair sidewalks quickly after an injury is reported, destroying evidence.

Witness statements. Neighbors and regular pedestrians who knew about the hazard are valuable witnesses.

Expert testimony. Civil engineers can testify about the severity of the defect and whether it met the threshold for required repair under government maintenance standards.

Government entities frequently argue that a sidewalk defect was "trivial" — too minor to constitute a dangerous condition. Florida courts have not established a bright-line rule on what constitutes a trivial defect; it depends on the specific facts including the height differential, the location, lighting conditions, and the nature of the surface.

Our attorneys counter the trivial defect defense with expert testimony, photographs, and evidence of prior complaints about the same hazard.

The Florida Tort Claims Act provides a 3-year statute of limitations for claims against government entities. However, you must also file a pre-suit notice with the government agency before filing suit. We recommend contacting us immediately — the procedural requirements are strict and missing them bars your claim.

No. Under Florida's evidence rules, subsequent remedial measures (repairs made after an injury) are generally not admissible to prove negligence. However, the repair itself is evidence that the defect existed and was known to the city.

If a tree on private property lifted a public sidewalk, the adjacent property owner may share liability with the city. We investigate both the government entity and the private property owner.

The Florida Tort Claims Act caps government liability at $200,000 per person. For larger recoveries, your attorney can petition the Florida Legislature for a claims bill — a special act that authorizes payment above the cap. These are rare but have been granted in cases involving serious injuries.

Tripped on a broken sidewalk or government property in Florida? Call Juan Cordero Lawyers at 305-525-8957 — available 24/7. Government claims have strict deadlines. No fee unless we win.