I Tripped on an Uneven Sidewalk at a Shopping Center. Who May Be Responsible?
Based on a type of case handled by Florida attorney Juan Cordero — Florida Lawyer Since 1999.
Short Answer
An uneven walkway in a high-traffic shopping area can raise maintenance and premises-safety questions. The analysis depends on the size and character of the defect, how long it existed, who controlled the walkway and whether it caused the fall.
From a Case I Handled
I handled a case involving an uneven sidewalk in an area of heavy patron traffic at a shopping center. My client tripped and was injured.
What I Look For
In a matter like this, I would investigate: precise measurements; photographs; prior repairs; inspection records; ownership/control documents; prior complaints; surveillance; lighting and sight lines.
What This Case Teaches About Negligence
Measurements and control of the property are often foundational in walkway-defect cases.
Determining who owned and maintained the sidewalk — the shopping center, an anchor tenant, or a municipality — is often the first critical step. Without establishing control, the negligence analysis cannot proceed.
Applicable Florida Law
Florida premises liability law requires the party in control of the property to maintain it in a reasonably safe condition. For sidewalk defects, courts consider the size of the elevation change, the location, lighting, and whether the defect was trivial. See Fla. Stat. § 768.0755; Fla. Stat. § 768.81.
What the Defense May Dispute
Depending on the facts, disputed issues may include whether a dangerous condition actually existed, who created or controlled it, notice, whether reasonable inspections were performed, whether the condition was open and obvious, comparative fault, causation, the nature and extent of injury, and damages. The applicable defenses vary by claim.
What to Do After a Similar Incident
Seek appropriate medical care; report the incident; preserve photographs or video if safely possible; identify witnesses; keep relevant receipts, clothing or physical evidence; avoid altering important evidence; and consider promptly requesting preservation of surveillance or other records that may be overwritten.
Frequently Asked Questions
Who is responsible for a sidewalk at a shopping center?
Responsibility depends on who owned and controlled the sidewalk. This may be the shopping center owner, an individual tenant, or in some cases a municipality. Lease agreements, deeds, and maintenance contracts help establish control.
Is a small sidewalk crack enough to prove negligence?
Not automatically. Florida courts evaluate whether a defect is trivial or actionable. Precise measurements, photographs, and evidence of prior complaints or repair attempts are important to establish the defect was unreasonably dangerous.
What if the sidewalk was always like that?
A long-standing defect may actually support constructive notice — the longer it existed, the stronger the argument that the owner should have discovered and repaired it through reasonable inspection.
Related Practice Areas & Resources
More Florida negligence analysis: Florida personal injury attorney Juan Cordero publishes additional real-world Florida negligence case scenarios — covering premises liability, slip and fall, negligent security, and wrongful death — at IsThisNegligence.com. Each scenario is analyzed under Florida law by Juan J. Cordero, Esq., a Florida personal injury lawyer since 1999.
Were You Injured in a Similar Situation?
Juan Cordero Lawyers can review the facts and explain what evidence may need to be investigated or preserved. Every case depends on its own facts and law, and past matters do not guarantee future results.
Florida Lawyer Since 1999 · Florida Bar No. 179728