Legal Question in Personal Injury in Florida

I am in a suit against my county. I had an auto accident in where I drove my car into a washout on a county hwy. I contend that the warning sign was too little too late. My attorney states we will loose becasue the county will claim that they did all they could do...? Is this a correct statement...? Can the county get off that easily...?Will I have no other recourse...?


Asked on 12/12/11, 9:36 am

1 Answer from Attorneys

Angelo Marino Angelo Marino Jr. PA

Suing the government is always very difficult. Remember, we got our system in part form England, and you could not sue the King. In the US, we have a similar situation with some limitations. It is called Sovereign immunity. In short, we can sue the government with certain limitations. When suing for a defect in design of a road or faulty signs, we first must determine if it is an operational or planning issue for the government. If planning level, there is no liability for the government; that is if they plan a road but decide not to have any warnings on the roadway, the government is no responsible. If the government puts in a red light but it fails to work due to fixing it, then a suit will be permitted for the failure to operate the light properly. There are also limitations on damages. Obviously, if you could sue the government for an unlimited number of actions and amount, the government would go bankrupt. So policy decisions apply, where is limited liability.

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Answered on 12/12/11, 11:32 am


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