Legal Question in Personal Injury in Florida

Fall in a county recreation park under construction

I recently fell in a county recreational park that was under construction.Out of curosity I entered the park from a walking path only and was not aware that the construction was ongoing. I subsuquently fell and fractured my wrist. With no medical insurance this was costly. The front intrance was secured by a gate and sign ''Do Not Enter''. There was alot of leaf and slimy debree that caused my fall. Should the other entrance have been fenced and posted as the main entrance? Can I get to county insurance to help with my medical bills?


Asked on 1/07/07, 2:04 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Fall in a county recreation park under construction

The county will not have insurance as you describe it to cover your medical expenses. While the entrance should have probably been posted to keep people out, if that was the county's intention, the leaves and debris that you slipped on were clearly visible and are hardly unexpeted in a park or on a walking trail. Without a dangerous condition about which the county either knew of or in the exercise of reasonable care should have known about, there is no liability.

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Answered on 1/07/07, 3:17 pm
David Slater David P. Slater, Esq.

Re: Fall in a county recreation park under construction

Since the construction did not cause the accident, i see no responsibility.

The County will have certain time requirements for your notice of the occurrence.

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Answered on 1/07/07, 7:45 am


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