Who is Liable in a Pedestrian Accident?

Learn about liability in pedestrian accidents

Pedestrian accidents can lead to severe injuries and significant legal complexities. Determining liability in these accidents is crucial for securing compensation and justice for the injured party. Here, we will explore the various factors that influence liability in pedestrian accidents, the roles of drivers, pedestrians, and other potential parties, and how to proceed with legal actions.

Understanding Liability in Pedestrian Accidents

Liability in pedestrian accidents primarily depends on the circumstances surrounding the incident. The key parties typically involved include:

Drivers

Drivers are often held liable in pedestrian accidents if they:

  • Were speeding
  • Ignored traffic signals or signs
  • Were distracted (e.g., using a phone)
  • Were under the influence of alcohol or drugs
  • Failed to yield the right of way to pedestrians

Pedestrians

Pedestrians can also be liable if they:

  • Jaywalked or crossed outside of designated crosswalks
  • Ignored traffic signals
  • Were distracted (e.g., using a phone)
  • Entered the roadway unexpectedly

Other Potential Parties

In some cases, other parties may be held liable, such as:

  • Municipalities for poorly maintained or designed roadways
  • Vehicle manufacturers for defective parts
  • Employers if the driver was operating a vehicle for work purposes

What to Do After a Pedestrian Accident

If you are involved in a pedestrian accident, it’s essential to take the following steps:

  1. Seek Medical Attention: Prioritize your health and safety by getting immediate medical care.
  2. Report the Accident: Notify the police and ensure an accident report is filed.
  3. Collect Evidence: Gather information from witnesses, take photos of the scene, and record details about the incident.
  4. Contact an Attorney: Reach out to a qualified personal injury lawyer to discuss your case and understand your rights.

Where Slip and Fall Injuries Commonly Occur

Slip and fall injuries can happen anywhere, but they are most common in the following locations:

  • Retail Stores: Spills and cluttered aisles can lead to accidents.
  • Workplaces: Wet floors, uneven surfaces, and poor lighting contribute to workplace falls.
  • Private Residences: Hazards in homes, such as loose carpets or poorly maintained steps, can cause injuries.
  • Public Spaces: Sidewalks, parks, and other public areas can present slip and fall risks due to poor maintenance.

Contact Ehrlich & Naparstek Injury Lawyers

If you’ve been involved in a pedestrian accident or suffered a slip and fall injury, it’s crucial to seek legal guidance to protect your rights and pursue compensation. Ehrlich & Naparstek Personal Injury Lawyers are here to help.

Contact us 24/7 at (772) 842-8822 (Stuart) or (561) 687-1717 (West Palm Beach and Boynton Beach) to schedule an appointment. Visit our office at 1330 SE Federal Hwy, Stuart, FL 34994.

Additional Resources

clients have
confidence in us

At Ehrlich & Naparstek our clients’ satisfaction is our top priority. We pride ourselves on delivering exceptional legal services and achieving favorable outcomes. But don’t just take our word for it—see what our clients have to say!

MEET YOUR
INJURY ATTORNEYS

Get to know Matt & Ken the attorneys who will be by your side every step of the way. Click on the profiles below to learn more about each of our dedicated team members.

important PRODUCT LIABILITY FAQ

Answers from Ehrlich & Naparstek Personal Injury Lawyers

Get answers to the most frequently asked questions about personal injury cases from Ehrlich & Naparstek Personal Injury Lawyers. Learn about your legal rights, the claims process, and how to handle insurance companies effectively.

What is product liability in Florida?

Product liability refers to the legal responsibility of manufacturers, distributors, and sellers to ensure that products are safe for consumers. For more information, visit the Florida Department of Agriculture and Consumer Services.

What types of product defects can lead to a liability claim?

Liability claims can arise from manufacturing defects, design defects, and failure to provide adequate warnings or instructions. Learn more at the Consumer Product Safety Commission (CPSC).

Who can be held liable in a product liability case?

Manufacturers, distributors, suppliers, and retailers can all be held liable for defective products. For details, see the Florida Bar's Consumer Pamphlet: Product Liability.

What must be proven in a product liability case?

Plaintiffs must prove that the product was defective, the defect caused the injury, and the product was used as intended. Visit the Florida Courts for more information.

How long do I have to file a product liability claim in Florida?

The statute of limitations for product liability claims in Florida is four years from the date of injury. Refer to Florida Statutes Section 95.11 for more details.

What are some common examples of product liability cases?

Common examples include defective medical devices, unsafe drugs, malfunctioning machinery, and dangerous consumer products. Check the FDA's Recalls, Market Withdrawals, & Safety Alerts for recent cases.

Can I still file a claim if I was partially at fault for my injury?

Yes, Florida follows a comparative negligence rule, which means you can recover damages even if you were partially at fault. For more information, see Florida Statutes Section 768.81.

What should I do if I am injured by a defective product?

Seek medical attention, preserve the product, document your injuries, and contact a lawyer. For safety tips, visit the CPSC's Safety Education Center.

How do I report a defective product in Florida?

Report defective products to the Consumer Product Safety Commission, and for state-specific issues, contact the Florida Department of Agriculture and Consumer Services.

Can I join a class action lawsuit for a defective product?

Yes, if the product has injured many people, you might join a class action lawsuit. Learn more about class actions at the Florida Bar.

What is strict liability in product liability cases?

Strict liability holds manufacturers and sellers liable for defective products regardless of fault or intent. See Cornell Law School's Legal Information Institute for a detailed explanation.

What should I do if I am injured by a defective product?

Seek medical attention, preserve the product, document your injuries, and contact a lawyer. For safety tips, visit the CPSC's Safety Education Center.

How do I report a defective product in Florida?

Report defective products to the Consumer Product Safety Commission, and for state-specific issues, contact the Florida Department of Agriculture and Consumer Services.

What are some defenses in a product liability case?

Common defenses include product misuse, alteration, and assumption of risk. For legal strategies, consult the National Association of Consumer Advocates.

How can Ehrlich & Naparstek help with my product liability case?

Ehrlich & Naparstek can provide expert legal representation to help you navigate your product liability claim and maximize your compensation. Contact us 24/7 at (772) 842-8822 (Stuart) or (561) 687-1717 (West Palm Beach) to schedule an appointment. Visit our office at 1330 SE Federal Hwy, Stuart, FL 34994.

FLORIDA CITIES & CASE TYPES WE SERVICE

DEDICATED REPRESENTATION IN FLORIDA'S MAJOR METROPOLITAN AREAS

At Ehrlich & Naparstek, we offer comprehensive legal solutions across a broad spectrum of personal injury areas, ensuring our clients receive the dedicated and expert representation they deserve. Our seasoned attorneys are committed to championing the rights of injury victims and securing the compensation they are entitled to. Below is an overview of the key cities and each case type we service in Florida.

Cities filter

FLORIDA CASES TYPES & CITIES WE SERVICE

Dedicated Representation in Florida's Major Metropolitan Areas

Schedule A Free Consultation With A Florida Personal Injury Lawyer.

Our Florida Personal Injury Lawyers Are Here To Help. Call Us Today.

Contact Form

Name(Required)
Please let us know what's on your mind. Have a question for us? Ask away.
This field is for validation purposes and should be left unchanged.

Essential Personal Injury Tips

Guidance from Ehrlich & Naparstek Personal Injury Lawyers

Discover valuable tips and insights from Ehrlich & Naparstek Personal Injury Lawyers to navigate the complexities of personal injury cases. Whether you’ve been in an accident or need advice on dealing with insurance companies, our expert guidance will help you protect your rights and make informed decisions. Contact us 24/7 at (772) 842-8822 (Stuart) or (561) 687-1717 (West Palm Beach) to schedule an appointment